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MARCH 2022 Two Words to Help Any Negotiation How to Optimize Virtual Mediations Full Disclosure in New York FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Bt of the Bt MEET THE FINALISTS FOR CLM’S PROFESSIONAL OF THE YEAR AWARDS MARCH 2022 DIGITAL EDITION SPONSORED BY:+1 (800) 466-1578 | jacobsononline.com Get Talent Now: OUR TALENT is nding yoursf i Partner with an executive search and staffing firm with a 50-year history of success in the insurance space. Exclusively dedicated to insurance, The Jacobson Group offers unparalleled industry knowledge and an extensive network. Our talent is helping insurance organizations find the right professionals across all levels and functions. Let us help you find yours. COMPETITION FOR INSURANCE TALENT IS INTENSIFYING.MARCH 2022 Two Words to Help Any Negotiation How to Optimize Virtual Mediations Full Disclosure in New York FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Bt of the Bt MEET THE FINALISTS FOR CLM’S PROFESSIONAL OF THE YEAR AWARDSIN COMPLEX CIRCUMSTANCES, WE HELP YOU DISCOVER rimkus.com • 800.580.3228 World-class. Global reach. YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. When a disaster wreaks havoc on a property, the damages can become all the more devastating by each passing day without answers to critical questions. How bad is the damage? Is the existing structure safe? What caused the damage? Rimkus engineers can be on site within hours, assessing damage, mitigating potential risks, and working to help you through 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 MARCH 2022 26 BEST OF THE BEST Meet the finalists for CLM’s professional of the year awards 32 DATA ON THE ROAD The use of modern telematics data in trucking accident claims 40 FULL DISCLOSURE What insurers should know about New York’s Comprehensive Insurance Disclosure Act 45 THE SUITE LIFE Marriott Vacations Worldwide’s Vic Marmo receives CLM’s Lifetime Achievement Award 47 BETWEEN THE LINES “What makes this year’s Annual Conference a can’t-miss event for you?” 48 NATIONAL News and verdicts that affect you from across the country 50 VOICES Getting to know Acceptance Insurance’s Sarannah McMurtry FEATURES 4 FRONT DESK A celebration of claims 6 EXPOSURE Washed away in Washington 10 THE MAGIC OF “THAT’S RIGHT” How these two words can help any negotiation 16 CHOOSE YOUR PATH Future medical allocations and the varying options for protecting Medicare’s settlement interests 20 SETTLING FOR THE BEST Three ways to optimize virtual mediations COLUMNS AROUND THE CLM 26 32 40 10 16 20 45 50 47 48 MARCH 2022 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE MARCH 2022 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 SALES REPRESENTATIVE Bryan Pifer ACCOUNT EXECUTIVE Megan Josd ADVERTISING QUESTIONS Jeremy Campbell jeremy.campbell@TheCLM.org 513-377-7228 MARCH 2022 • ISSUE 3 • VOL. 6 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 © 2022 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 Like a long-awaited guest, spring is standing at our front door eager to visit. The days are growing longer, and, here in Atlanta, the temperatures are getting milder. Even if your part of the country is still chilly, I know where it is warm and sunny every day—Palm Desert! Much like the changing of the clocks, Annual Conference is a spring rite of passage. Every year, I look forward to seeing old friends, meeting new people, and gathering new insights. Did you know that 2022 marks my 11th year attending? I’m so excited about what we have planned for you. Annual Conference is not just a celebration of claims, it’s a celebration of the best part of CLM: Our vibrant, inclusive community in which everyone has a voice and freely shares their knowledge to help others succeed. The industry’s top thought leaders are poised to share their experiences to help solve the problems that keep you up at night. But what’s a celebration without a party, food, and music, right? There will be plenty of each. Get ready for musician Mark Schulman, who will share his experience performing around the world to FRONT DESK help you unleash your own rockstar attitude and break the boundaries of what’s possible. And pack your favorite concert t-shirt for our Coachella-inspired kickoff party with even more music and fun. We can’t fully celebrate claims and the CLM Community without shining a spotlight on the passion, commitment, and achievement of those who inspire and innovate, including Vic Marmo, our 2022 Lifetime Achievement Award winner. During Vic’s storied 30-something-year career in claims, he has been an inspirational leader and mentor to many. Read Vic’s reaction to winning on page 45, and give him a shout on LinkedIn! I look forward to honoring him and our 15 amazing Professional of the Year Award finalists, who are featured beginning on page 26, during our annual awards ceremony on March 24. Who do you think the five winners will be? As always, thanks for being part of the CLM community. I hope to see you in Palm Desert! All the best – Ronna Ruppelt CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt A Celebration of Claims 2021 AWARDS FOR PUBLICATION EXCELLENCE WINNER CLM (ISSN XXXX-XXXX) is published monthly 12 times a year by CLM, a member company of The Institutes, 2 South University Drive, Suite 100, Plantation, FL 33324. Application to mail at Periodical Postage Prices is Pending at Plantation, FL, and at additional mailing offices. Postmaster: Send address changes to CLM, 2 South University Drive, Suite 100, Plantation, FL 33324. Allow four weeks completion of changes. Advertising and editorial deadline is the first of each month preceding issue date.EXPOSURETHECLM.ORG/MAGAZINE CLM MAGAZINE 7 WASHED AWAY IN WASHINGTON A $2 million home in Bellevue, Wash., sits at the bottom of a hill after sliding off its foundation and collapsing. No injuries were reported in the Jan. 20, 2022, event, but authorities evacuated 15 other nearby homes while they investigated the cause of the collapse, which remains undetermined. PHOTO: DAVID RYDER/GETTY IMAGESNext >