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JULY / AUGUST 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT My AI Journey Preventing Nuclear Settlements, Part Two Follow the Funding THE U.S. SUPREME COURT’S LATEST TERM AND THE IMPACT ON CLAIMS Decisions and Consequences JULY / AUGUST 2023 DIGITAL EDITION SPONSORED BY:CATASTROPHE SERVICES For further information regarding our Catastrophe Services please contact: Always Where You Need Us Catastrophic events present unique challenges when it comes to loss handling. CIA can quickly mobilize and deploy a team of experienced adjusters to any location nationwide. These trained adjusters will handle your files swiftly while not compromising estimate accuracy. Let the Custard CAT Division give you the competitive advantage this storm season. Jason Willis AVP, CATASTROPHE OPERATIONS MANAGER jwillis@custard.com 678.304.3407 Michelle Antinucci NATIONAL PROPERTY BUSINESS DEVELOPMENT mantinucci@custard.com 407.792.8767 www.custard.com888.CUSTARDJULY / AUGUST 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT My AI Journey Preventing Nuclear Settlements, Part Two Follow the Funding THE U.S. SUPREME COURT’S LATEST TERM AND THE IMPACT ON CLAIMS Decisions and ConsequencesWorld-class.Globalreach. 800.580.3228 rimkus.com YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. WHAT HAPPENED? WITHSOMUCHAT STAKE, YOU NEED TO KNOW Slip, trip, and fall injury accidents are often complicated matters. Using a scientific approach and reliable methodologies, Rimkus specialists in injury biomechanics and human factors work side by side with engineering and building experts to isolate the facts and determine what happened. We have evaluated thousands of such incidents across a broad spectrum of public and private environments. If you’re facing a complex forensic challenge of any kind, count on us to uncover the facts.THECLM.ORG/MAGAZINE CLM MAGAZINE 3 CONTENTS CLM MAGAZINE JULY / AUGUST 2023 18 DECISIONS AND CONSEQUENCES The U.S. Supreme Court’s latest term and the impact on claims 24 FOLLOW THE FUNDING Tactics for obtaining the disclosure of third party litigation finance materials 30 LESS IS MORE Part two of preventing nuclear settlements at deposition 35 BIGGER IN TEXAS CLM’s Construction Conference has a new location and an ambitious lineup 36 CAREERS Exiting the scene 37 BETWEEN THE LINES What is on your summer professional development reading list? 38 WEBINARS The complexity of cargo 39 EVENTS Upcoming events, chapter activities, and recent webinars 40 NATIONAL News and verdicts that affect you from across the country 42 VOICES Getting to know CLM’s Phil Gusman FEATURES 4 FRONT DESK A sense of purpose 6 EXPOSURE Second-land smoke 8 TURNING CHALLENGES INTO OPPORTUNITIES A look at 2023’s industry trends and how they impact claims 10 IT’S TIME TO GET ORGANIZED Combatting the record-keeping nightmare of nuclear cases 12 MY AI JOURNEY An ‘old dog’ learns new tricks, and hopefully inspires you 14 THE RISKS OF SUMMER Camps, youth programs, and the claims that come with them COLUMNS AROUND THE CLM 18 24 30 8 35 42 10 JULY / AUGUST 2023 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE JULY / AUGUST 2023 As I take the reins here at CLM Magazine, I’ve thought a lot about what this magazine means to me and to CLM’s membership. Before I get into that, though, a brief introduction is in order: I am CLM’s new director of content. While I’ve only recently stepped into this role, I am no stranger to CLM, having served as its managing editor for the past six years. Over that time, I have edited Construction Claims and rode shotgun with Eric Gilkey here on CLM Magazine, where I helped recruit and edit the amazing content that you—our membership—have created. Over my career, I have worked on a number of publications; many of them covered the insurance industry. What makes this one special, though, is its purpose. CLM Magazine is an extension of CLM and shares its mission. CLM exists to serve the needs of the claims and litigation professionals who make up our membership. Through our events, we provide forums for all of you to come together, network, and talk about shared challenges and solutions. Through our learning opportunities, we assist you in gaining the expertise you need to become knowledgeable and successful professionals. Through speaking opportunities, we help you demonstrate that knowledge and establish yourselves as thought leaders and experts in your fields. Similarly, CLM Magazine fosters that all-important communication and collaboration among claims and litigation professionals by often pairing members and fellows as article co-authors. Like CLM’s events and learning opportunities, the magazine serves as a forum for you to gain knowledge and share strategies and solutions to meet today’s biggest challenges. And because CLM members and fellows are not only our readers, but also our authors, we provide opportunities for professionals at all stages of their careers to build their personal brands and become thought leaders in their fields. So, what does this magazine mean to me? Quite simply, it’s an honor to be a part of what I’ve outlined above. I look forward to helping CLM achieve its goal of meeting your professional development needs. If I can help the more experienced among you pass on your knowledge and help those of you just beginning your professional journeys to launch your careers, then this role promises to be a most fulfilling one. Phil Gusman Director of Content A Sense of Purpose FRONT DESK A publication of DIRECTOR OF CONTENT Phil Gusman ASSISTANT EDITOR Fran Clark ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Phil Gusman phil.gusman@TheCLM.org CHIEF EXECUTIVE OFFICER Ronna Ruppelt VP PARTNERSHIPS Jeremy Campbell SENIOR ACCOUNT EXECUTIVE Laurel Metz ACCOUNT EXECUTIVE Megan Josd ADVERTISING QUESTIONS Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 JULY / AUGUST 2023 • ISSUE 6 • VOL. 7 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 © 2023 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.INTERESTED IN SPONSORING? Sponsorship@TheCLM.org ALL OTHER QUESTIONS: Help@TheCLM.org CONFERENCE CONSTRUCTION SEPTEMBER 27-29 • AUSTIN TheCLM.org/ALLEVENTS REGISTER NOW 30+ SESSIONS | 100+ SPEAKERS ENDLESS NETWORKING 6 CLM MAGAZINE JULY / AUGUST 2023 EXPOSURE SECOND-LAND SMOKE Smoky haze from wildfires in Canada diminishes the visibility of the Empire State Building on June 7, 2023, in New York City. Canadian authorities reported that 11,000 people have been displaced by the fires and almost 29 million acres have burned so far this year. Insured losses were still being tabulated at press time. PHOTO: DAVID DEE DELGADO/GETTY IMAGESNext >