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JANUARY / FEBRUARY 2025 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT LA Fires: The Burned Remains Cromwell’s Rule: A Lawyer’s Guide Thinking About Arbitration Assessing Whether an NIL Collective Is a Good Risk Touchdown, Easy or Flag on the Play? JANUARY / FEBRUARY 2025 DIGITAL EDITION SPONSORED BY:Determining the cause of an accident is no easy feat. It’s a science. Rimkus forensic engineers and consultants have decades of experience reconstructing accidents of all kinds to determine what happened and why. We also provide expert testimony at trial. If you’re facing a complex forensic challenge of any kind, count on us to uncover the facts. YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. rimkus.com+1 800 580 3228 Consultants. Experts. Innovators. rimkus.com WHAT HAPPENED? WITH SO MUCH AT STAKE, YOU NEED TO KNOWJANUARY / FEBRUARY 2025 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT LA Fires: The Burned Remains Cromwell’s Rule: A Lawyer’s Guide Thinking About Arbitration Assessing Whether an NIL Collective Is a Good Risk Touchdown, Easy or Flag on the Play?One Company For All Your Consulting Needs EXPANDED SERVICES Expert Disciplines A-W Architects Biomechanical Engineers Building Envelope Certified Industrial Hygienists (CIH) Civil Engineers Cost of Repair Consultants Delay Claims Consultants NEW Dram Shop & Public Safety NEW Electrical Engineers Environmental Consultants Fire and Explosion Investigators General Contractors Geotechnical Engineers Heavy Equipment Operations NEW Materials Science Engineers Mechanical Engineers Metallurgists NY Labor Law NEW Premises Liability Consultants Premises Security – Police Practices NEW Property Loss Consultants Safety Consultants NEW Safety – OSHA Structural Engineers Transportation/Traffic Engineers Trial Exhibit Animators UAV (Drone) Pilots Waterproofing Consultants CD & GL Forensic Consulting Property Loss Consulting Construction Consulting mcconsultants.com 800.729.0355 35THECLM.ORG/MAGAZINE CLM MAGAZINE 3 CLM MAGAZINE JANUARY / FEBRUARY 2025 >>>CONTENTS 18 EASY TOUCHDOWN, OR FLAG ON THE PLAY Assessing Whether an NIL Collective Is a Good Risk 22 CROMWELL’S RULE: A LAWYER’S GUIDE Recognizing and Battling Confirmation Bias 26 SETTING SAIL TO DEFINE LITIGATION MANAGEMENT CLM Task Force Brings Everyone to the Table to Tackle the Biggest Challenges 29 Over 40 Years in the Making 30 WEBINARS The Jury Generation 31 EVENTS Upcoming events, chapter activities, and recent webinars 32 NATIONAL News and verdicts that affect you from across the country 34 VOICES Getting to know Michael J. Hallock, Partner, McCoy Leavitt Laskey LLC FEATURES 4 FRONT DESK Meet Y’all in Dallas 6 EXPOSURE The Burned Remains 8 CROSSING BORDERS Carmack’s Global Influence 10 AVOIDING DOUBLE DAMAGES Medicare Conditional Payment Fundamentals and Ensuring Compliance 12 THINKING ABOUT ARBITRATION The Other Alternative Dispute Resolution COLUMNS 18 26 22 8 31 34 10 12 AROUND THE CLM 29 JANUARY / FEBRUARY 2025 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE JANUARY / FEBRUARY 2025 DIRECTOR OF CONTENT Phil Gusman ASSOCIATE EDITOR Angela Sabarese ASSISTANT EDITOR Fran Clark ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Phil Gusman phil.gusman@TheCLM.org PRESIDENT Susan Wisbey-Smith VP PARTNERSHIPS Jeremy Campbell SENIOR ACCOUNT EXECUTIVE Laurel Metz ACCOUNT EXECUTIVE Megan Josd ADVERTISING QUESTIONS Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 JANUARY / FEBRUARY • ISSUE 1 • VOL. 9 REPRINTS For reprints and licensing please contact Jeremy Campbell at jeremy.campbell@TheCLM.org or 513-377-7228. CLM Magazine is published monthly and covers news and topics of interest to insurance claims, risk, and litigation management professionals. Copyright © 2025 by the CLM. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the CLM. The views expressed in the articles are solely those of the authors or those interviewed and do not necessarily reflect the views or opinions of CLM or the companies in which the authors are employed. A publication of The CLM 2025 Annual Conference in Dallas is going to be one very special event you don’t want to miss. I’ve been involved with planning CLM Annual Conferences since 2011, and I’m excited about all we have in store for this April 9-11 in Dallas. Education, networking, fun—this conference has it all. Unparalleled education : Earn valuable CE and CLE credits when you attend our nearly 100 educational sessions. The incredible CLM community will be sharing their knowledge and expertise in a variety of areas. Hot tip: On the Annual Conference agenda page online, filter sessions by Track to find topics that fit your interests. Incredible general sessions : We have three amazing general sessions planned. We kick off Wednesday with an AMA of CLM Lifetime Achievement Award winners. Thursday we’ll highlight the work of CLM’s Litigation Management Task Force. And Friday will be a compelling deep dive into one of the most scandalous fraud cases in recent years. CLM parties : CLM throws a party like no one else. Wednesday night is our Touchdowns and Texas Vibes Tailgate Party. Feel free to dress in your favorite team’s colors, go all-out with your country and western wear, or come as you are! Thursday’s sessions wrap with a Throwback Thursday Networking Reception: Pick Your Decade! Whether you throw it back to the 1970s or the 2000s, we’ll have fun activities, food, and cocktails to liven up the day. Fun social events : Meet up with old friends and make new friends at one of the many optional social activities. This year, we have golf, pickleball, and community service on Wednesday morning. Plus, we’ve added some fun options for Thursday evening—Meow Wolf Museum, Paint and Sip, Grapevine Springs Ghost Tour, and Grapevine Springs Winery Tour. Specialized events: Wednesday afternoon we offer a few specialized sessions. First timers can get the lay of the land and tips for making the most of their experience at the First Time Attendee Welcome. Professionals from corporations can join our first Corporate Connect event. And, we’re bringing back the popular Women’s Event where we’ll explore how to build confidence in your authenticity. Award recognition : Before our fun Wednesday night party, we’ll be presenting our annual CLM awards, including CLM Professional of the Year in five categories. I’m also thrilled to present the CLM Lifetime Achievement Award in 2025 to long- time CLM Advisory Board member, John McGann. Trust me, this is one Annual Conference you do not want to miss. It’s CLM at our finest thanks to the incredible work of our membership community and staff. See you there! Registration is now open at www.theclm.org. Susan Wisbey-Smith President wisbey-smith@theinstitutes.org Meet Y’all in Dallas FRONT DESK >>>#CLM2025 And Claim Your Spot in Dallas at the Annual Conference TODAY REGISTER 6 Credits CE/CLE 95+ Innovative Sessions 300+ Insightful Speakers 1,200+ Inquisitive Attendees ∞ Ideas Unleashed Among Experienced Claims Resolution and Litigation Management Professionals6 CLM MAGAZINE JANUARY / FEBRUARY 2025 EXPOSURE THE BURNED REMAINS A view of homes destroyed by the Palisades Fire. The Los Angeles area faced destructive wildfires fueled by Santa Ana Winds throughout January. Over 12,000 structures burned, over 180,000 people faced evacuation orders, and at least 28 people lost their lives. As reported online by CLM, insured losses could reach $45 billion, although estimates vary. An initial Fitch Ratings estimate was $10 billion to $30 billion. Keefe Bruyette & Woods put expected insured losses as high as $40 billion. A more recent estimate from Verisk landed at between $28 billion and $35 billion, while CoreLogic’s estimate was between $35 billion and $45 billion. See full coverage at theclm.org/magazine PHOTO: MARIO TAMA/GETTY IMAGESNext >