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JUNE 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Fighting Medical Build-Up Schemes Why Do Claimants Lie? Finding a Better Way to Resolution As Litigation Strategies Evolve, Insurers Face Exposure Risks on Both Sides of the Balance Sheet Why Climate Risk Is Here to Stay JUNE 2023 DIGITAL EDITION SPONSORED BY:Justice For All. We saved clients over Last year $1 Billion! Tyson & Mendes’s unique defense methods are proven to fight Nuclear Verdicts ® and keep down damage awards at trial. Our results speak for themselves: more than $1.07 BILLION saved for our clients in 2023! Serving 19 states nationwide, we are one of the fastest growing civil defense firms in the U.S. and the only ones who wrote playbook for how to avoid runaway jury verdicts. Skyrocketing Nuclear Verdicts ® are a real threat, and we know how to stop them! Visit Our Site!JUNE 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Fighting Medical Build-Up Schemes Why Do Claimants Lie? Finding a Better Way to Resolution As Litigation Strategies Evolve, Insurers Face Exposure Risks on Both Sides of the Balance Sheet Why Climate Risk Is Here to StayWorld-class.Globalreach. 800.580.3228 rimkus.com YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. WHAT HAPPENED? WITHSOMUCHAT STAKE, YOU NEED TO KNOW Numerous factors can lead to serious construction-site accidents, from inadequate worker training and safety procedures to faulty products and heavy equipment. Rimkus has decades of forensic experience investigating and evaluating injury accidents across the U.S. and in many foreign countries. Our construction experts and engineers conduct in-depth investigations to determine what happened and can help provide solutions for recovery. 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 JUNE 2023 16 WHY CLIMATE RISK IS HERE TO STAY As litigation strategies evolve, insurers face exposure risks on both sides of the balance sheet 20 WILL FLORIDA HURRICANES BE INSURABLE IN THE 2030s? A look at the risks and challenges in the Sunshine State 24 BUMPS IN THE ROAD An evaluation of pediatric biomechanics following motor vehicle accidents 30 FINDING A BETTER WAY TO RESOLUTION Using collaborative litigation to prevent outsized verdicts and settlements 35 SPOTLIGHT ON TRANSPORTATION CLM’s newest educational event offering launches this month 36 CAREERS (More) tools for success 37 BETWEEN THE LINES How would you describe the perfect work ally? 38 WEBINARS AI’s role in claims 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 MGC’s JD Keister FEATURES 4 FRONT DESK Sunrise, sunset 6 EXPOSURE Lake resurrected 8 FIGHTING MEDICAL BUILD-UP SCHEMES How to recognize and fight back against a broken system 10 DOUBLING DOWN ON DAMAGES As MAP enrollment gains momentum, so does the risk for a private cause of action 12 WHY DO CLAIMANTS LIE? Because they can, and swift prosecution is the only way to deter it COLUMNS AROUND THE CLM 16 20 30 8 10 35 42 12 JUNE 2023 DIGITAL EDITION SPONSORED BY:A publication of 4 CLM MAGAZINE JUNE 2023 VP OF CONTENT Eric Gilkey SENIOR MANAGING EDITOR Phil Gusman CONTRIBUTING EDITOR Fran Clark ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Eric Gilkey eric.gilkey@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 JUNE 2023 • ISSUE 5 • 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. The musical “Fiddler on the Roof,” has long been celebrated as a timeless tale, one that delicately balances tradition and progress while emphasizing the enduring strength of community. It holds a special place in my heart, particularly the song “Sunrise, Sunset,” which was often hummed by my first chief editor nearly two decades ago while he marked up pages. I learned a lot from that editor and experience in general, so the song carries with it layers of nostalgia and meaning, reminding me of life’s fleeting moments and the recognition of accomplishments that only reflection can impart. To me, “Sunrise, Sunset” serves as a poignant reminder to cherish the moments that have molded me, the people who have inspired and supported me, and the transformative power of the written word. With 137 issues and 350 articles under my belt while at CLM, I recognize that while my chapter as editor may be ending, it merely sets the stage for the stories waiting to unfold and for other voices to be heard. I am humbled and deeply grateful for the privilege of sharing in the wisdom and passion you have generously imparted over these last 12 years. The CLM community is an assemblage of extraordinary individuals, and it has been an honor to walk alongside you, capturing glimpses of your personal stories and professional expertise, and seamlessly weaving them into the fabric of this publication (or at least trying to). As the curtain falls, I carry forth memories that will forever resonate. May your own continued journeys be graced with the harmonies of knowledge, progress, and the unwavering strength of the CLM community. With profound appreciation, Eric Gilkey Sunrise, Sunset FRONT DESK2023 CONFERENCES & EVENTS Networking and Education In-Person theclm.org/events DATES, LOCATIONS, TOPICS, AND EVENT NAMES SUBJECT TO CHANGE. Sponsorship: sponsorship@theclm.org Speaking: help@theclm.org DATE CONFERENCE/EVENT LOCATION JUNE 22 Spotlight: Transportation NEW ATLANTA JULY 19 Spotlight: Transportation NEW PHILADELPHIA AUGUST 15-16 Chief Claims Officer Summit BALTIMORE AUGUST 16-19 Claims College BALTIMORE SEPTEMBER 27-29 Construction Conference AUSTIN OCTOBER 19 Litigation Management Symposium CHICAGO OCTOBER 19-22 Litigation Management Institute CHICAGO NOVEMBER 8 Professional Development Day HARTFORD NOVEMBER 29 Focus Conference & Holiday Party NYC6 CLM MAGAZINE JUNE 2023 EXPOSURE LAKE RESURRECTED A vehicle drives through floodwaters in the reemerging Tulare Lake, in California’s Central Valley, on April 27, 2023, near Corcoran, California. The lake previously disappeared when waters were diverted by agricultural interests in the early 20th century, but recent atmospheric river storm events and melting snowpack from the Sierra Nevada mountains brought it back. Water could remain in the lakebed for up to two years, causing billions in losses. PHOTO: MARIO TAMA/GETTY IMAGESNext >