Made with FlowPaper - Flipbook Maker
JANUARY / FEBRUARY 2026 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT The Rising Tide of Plaintiff Lawyer Advertising Restoring Trust in Health Care Revisiting the 2025 Atlantic Hurricane Season A PSYCHOLOGICAL MODEL FOR RESETTING AND PROGRAMMING JUROR COGNITION DISRUPTIVE VOIR DIRE JANUARY / FEBRUARY 2026 DIGITAL EDITION SPONSORED BY:REGISTER TO PLAY OR SPONSOR TODAY! 2026 CUSTARD CLASSIC BENEFITING CURE CHILDHOOD CANCER APRIL 27, 2026 Chateau Elan 6060 Golf Club Dr, Braselton, GA 30517 4th ANNUAL Scan the QR Code or Click here to Register DIAMOND SPONSOR PLATINUM SPONSOR GOLD SPONSOR SILVER SPONSOR FOURSOME TEAM PLAYER FEES $3000 $2000 $1000$500$1200$300 LOGO RECOGNITION ON EVENT WEBSITE SOCIAL MEDIA RECOGNITION DIAMOND INCLUDES 1 DEDICATED MENTION SIGNAGE ON THE GOLF COURSE FOOD, BEVERAGE & CART FEES FOR ATTENDEES 1 FOURSOME TEAM VENDOR SET UP ALONG GOLF COURSE 4 2026 CUSTARD CLASSIC GOLF SHIRTS CHOICE OF ONE PRINTED SIGN RECOGNITION AT BEVERAGE CART, HALFWAY HOUSE, OR HAPPY HOUR SIGNAGE AT 1 GOLF CONTEST HOLE LONGEST DRIVE 1AVAILABLE CLOSEST TO PIN 2 AVAILABLE THE PERKS “CURE is dedicated to conquering childhood cancer through funding targeted research while supporting patients and their families. Your gifts enable the pursuit of those goals.” JANUARY / FEBRUARY 2026 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT The Rising Tide of Plaintiff Lawyer Advertising Restoring Trust in Health Care Revisiting the 2025 Atlantic Hurricane Season A PSYCHOLOGICAL MODEL FOR RESETTING AND PROGRAMMING JUROR COGNITION DISRUPTIVE VOIR DIRE mcconsultants.com 800.729.0355 One Company For All Your Consulting Needs GENERAL LIABILITY & CONSTRUCTION FORENSICS Construction Related Claims Construction Defect, Job Site Accidents, Delay Claims, Heavy Equipment, NY Labor Law & Surety Claims Pre-Suit Claims Engineering Analysis, Construction Claims, General Liability Claims Accident Reconstruction Commercial Vehicles, Bicycles / Motorcycles Multi-Vehicle Collisions, Driver Factors Cause & Origin Investigations Investigate Claims, Evaluate Damages, Repair Specifications, Reconstruction Oversight Trip / Slip / Fall, Coefficient of Friction Analysis, Premises Security, Alcohol-Related Injuries Cost Estimating & Damages Analysis Cost of Repair, Repair Recommendations, Damages Analysis and Reasonableness of Costs Aerial Drone & MC Virtual-360 ™ High Resolution Aerial Photography / Videography 360 Camera / 3D Scanning, Room & Entire Structure Animation Services Animation Trial Exhibits and Litigation Support Videos 35 Premises Liability/ Security & Dram ShopTHECLM.ORG/MAGAZINE CLM MAGAZINE 3 CLM MAGAZINE JANUARY / FEBRUARY 2026 >>>CONTENTS 16 DISRUPTIVE VOIR DIRE A Psychological Model for Resetting and Programming Juror Cognition 22 THE RISING TIDE OF PLAINTIFF LAWYER ADVERTISING How Saturation Ads Are Shaping Jury Perceptions, Litigation Culture, and the Cost of Business 26 RESTORING TRUST Why It Is Deteriorating in Health Care, and How to Reverse the Trend 31 Krista Glenn Named 2026 CLM Lifetime Achievement Award Honoree 32 WEBINARS Subrogation From Start to Finish 33 EVENTS Upcoming events and chapter activities 34 VOICES Getting to know Diana Romano-Wong, CRIS, CLMP, AIC, Litigation Manager, Quanta Services, Inc. FEATURES 4 FRONT DESK A Community for All 6 REVISITING THE 2025 ATLANTIC HURRICANE SEASON Takeaways From a Year Without U.S. Landfalls 10 TPLF REFORM COMES TO NEW YORK Legislation, Appellate Decision Bring Transparency, Conduct Standards 12 THE SCIENCE OF MICROPLASTICS Navigating the New Era of Evidentiary Rigor COLUMNS 16 26 22 6 32 34 10 12 AROUND THE CLM 31 JANUARY / FEBRUARY 2026 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE JANUARY / FEBRUARY 2026 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. 10 REPRINTS For reprints and licensing please contact Jeremy Campbell at jeremy.campbell@TheCLM.org or 513-377-7228. CLM Magazine is published bi-monthly and covers news and topics of interest to insurance claims, risk, and litigation management professionals. Copyright © 2026 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 CLM is proud to serve as your industry partner in education, networking, and collaboration, and that commitment is at the heart of everything we do. Our goal related to education is simple— help you and your team members be the best you can be in your roles, at every stage of your careers. Through offerings like our “Insurance 101” webinar series on coverage, negotiation, subrogation, and more, we aim to make foundational learning accessible, practical, and immediately useful in day-to-day work. We knew we found a need when registration for Coverage 101 quickly rose to nearly 1,000 people! In 2026, we will also be offering in-person and virtual bootcamps on negotiation, coverage, and subrogation, with more to come. Bootcamps allow participants to learn and practice important skills, and engage in candid conversations with instructors and fellow students. In addition to technical education, we are also investing in the future of leadership within our industry. This year, we are piloting our Leadership Accelerator program focused on developing power skills in younger professionals and those new to leadership roles—skills like communication, influence, strategic thinking, and leading through change. These capabilities are essential to navigating today’s complex environment and building high-performing teams that can respond to emerging risks and evolving expectations. This hybrid program includes regular online meetings and culminates in person at our Annual Conference in Orlando. I look forward to meeting all the participants there. All of these efforts reflect CLM’s role as a non-profit organization dedicated to serving the claims and litigation management community. We are here to listen, convene, and create resources that address the real challenges you face—from helping you master coverage basics, to gaining confidence in negotiation, to understanding subrogation opportunities, to stepping into your first leadership role with greater clarity and support. I encourage you to explore these offerings, share them with colleagues, and let us know what additional tools would help you and your teams continue to grow. The two other pillars of CLM—Network and Collaborate—remain a top priority for 2026 as well. We have plenty of opportunities to network at our conferences and local chapter events. The work of our Litigation Management Task Force and Incident Response Task Force is shaping collaboration and resources to help advance the entire community. Much more on those efforts in the coming weeks and months. Susan Wisbey-Smith President, CLM wisbey-smith@theinstitutes.org A Community for All FRONT DESK >>>Crawford’s proprietary SaaS solution, exclaim, delivers. Outpace the Competition. Settle Claims Faster, Smarter, Better. Choose the solution leading carriers rely on and transform your claims process today. Get in touch: sales@e-djuster.com of claims are resolved within 24 hours 99% AI-powered accuracy and fraud prevention 40% average ROI6 CLM MAGAZINE JANUARY / FEBRUARY 2026 Angela Sabarese is CLM’s associate editor. angela.sabarese@theclm.org T he end of November marked the end of the 2025 North Atlantic hurricane season, during which no storms made landfall in the U.S. for the first time in 10 years and a tropical cyclone did not hit Florida for the first time since 2019, according to Allianz Commercial. Allianz attributes the lack of U.S. landfalls in part to the North Atlantic Oscillation (NAO), which steered storms north and away from the Gulf of Mexico. Despite this, Allianz’s catastrophe risk research team reports that this year’s overall season was an average one. In 2025, there were 13 named storms and four major hurricanes, while Allianz forecasted 12 to 19 named storms and two to five major hurricanes (Category 3 or above). The average from 1991 to 2020 was 14 named storms and three major hurricanes. CLM EXPERTS WEIGH IN CLM asked a few of its members and fellows for their thoughts on this year’s hurricane season, which are provided below. Q: HOW WELL DO YOU FEEL PRESEASON FORECASTS PREDICTED THE NUMBER AND STRENGTH OF STORMS DURING THE ATLANTIC HURRICANE SEASON THIS YEAR OVERALL? HOWARD ALTSCHULE, FORENSIC WEATHER CONSULTANTS, LLC: Seasonal hurricane forecasts that are made months in advance are often Revisiting the 2025 Atlantic Hurricane Season Takeaways From a Year Without U.S. Landfalls By Angela Sabarese PROPERTY >>>Next >