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MARCH 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT A Chat With CLM’s Lifetime Achievement Winner Medicare Set-Asides: To Submit or Not? Get to Know Rebar Kelly’s Cathleen Rebar Could, They They Believed So They Did Top Women in Claims and Litigation Share Their Stories of Success and Perseverance MARCH 2023 DIGITAL EDITION SPONSORED BY:CONGRATULATIONS Mary Haefer, and all other nominees, for the 2023 CLM Professional of the Year award! Mary Haefer Chief Claims Officer - Casualty CapSpecialty CapSpecialty.comMARCH 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT A Chat With CLM’s Lifetime Achievement Winner Medicare Set-Asides: To Submit or Not? Get to Know Rebar Kelly’s Cathleen Rebar Could, They They Believed So They Did Top Women in Claims and Litigation Share Their Stories of Success and PerseveranceEXPERT INSIGHT from every angle VERTEXENG.COM The insights we offer are the result of rigorous analysis coupled with real world experience from: EXPERT WITNESSES ARCHITECTS, ENGINEERS, & CONSTRUCTORS COST & SCHEDULING EXPERTS FORENSIC ACCOUNTANTS ENVIRONMENTAL SCIENTISTSTHECLM.ORG/MAGAZINE CLM MAGAZINE 3 CONTENTS CLM MAGAZINE MARCH 2023 20 THEY BELIEVED THEY COULD, SO THEY DID Top women in claims and litigation share their stories of success and perseverance 28 MISSING PIECES How women lawyers complete your trial team 36 BEAMING WITH PRIDE A chat with CLM Lifetime Achievement Award Winner Larry Beemer 37 BETWEEN THE LINES What are you doing professionally to help the next generation of women? 38 WEBINARS Take a journey to the center of the judicial hellholes 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 Rebar Kelly’s Cathleen Rebar FEATURES 4 FRONT DESK Balancing it all 6 EXPOSURE Derailment in Ohio 10 TO SUBMIT OR NOT TO SUBMIT That is the question with Medicare Set-Asides 14 ENGAGEMENT LETTERS FOR LAWYERS AND ACCOUNTANTS What to look for to reduce risk 16 RELATIONSHIPS MATTER An update on related-claims issues under D&O policies COLUMNS AROUND THE CLM 20 28 10 14 36 42 MARCH 2023 DIGITAL EDITION SPONSORED BY: 164 CLM MAGAZINE MARCH 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 MARCH 2023 • ISSUE 2 • 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. A publication of Before you read any further, flip to page 20 and read this month’s cover story, which includes dozens of insights into many of the dynamic and powerful women within our organization. It’s a must-read, and I guarantee you will finish it with a new appreciation for what women achieve in our industry and the obstacles they overcame. One of the questions in the article asked about the keys to women’s successes, so let me share mine. I went to law school thinking I would be a trial lawyer, and was lucky enough to work at an insurance defense firm both during school and as a practicing attorney. As the only woman at my firm, I realized that if I was ever going to have a family, I could not take on the demands that a trial attorney role requires. So I took my experience in insurance defense and went the inside counsel route, landing a job at a relatively unknown company at the time named Progressive Insurance. On hindsight, I soon realized that my work ethic was the same in-house as it was in private practice. It turned out to be one of the best decisions of my career. Progressive provided incredible education about the insurance business, and lived up to its name quite literally, providing cultural and diversity training well before DEI was even an acronym. It was a welcoming environment where I was able to apply my natural curiosity and creativity to work with product and claims managers, not against them. I removed the word, “no,” from my vocabulary, and together we worked to figure out ways to get to “yes” without violating regulations or compliance standards. It was thrilling to use my technical skills in such creative, collaborative ways, and one of the reasons I think I was successful was that I took the time to really absorb the functional aspects of the business. Male or female, I think you will find great value in the focus we’re putting on women in insurance. Whether it’s the way women complete a trial team (page 28), advice on how women can support each other professionally (page 37), or the story of how one woman learned to trust her own instincts to find personal and professional success (page 42), there is something for everyone to admire and be impressed by. Further, by understanding the unique perspective of women, we all become better managers, collaborators, and confidants. All the best – Ronna Ruppelt CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt Balancing It All FRONT DESK6 CLM MAGAZINE MARCH 2023 EXPOSURE TRAIN DERAILMENT IN OHIO On Feb. 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, when a wheel bearing failed, causing a fire to ignite 11 tank cars that were carrying hazardous chemicals, according to the National Transportation Safety Board. Residents within a mile radius were told to evacuate for five days while a controlled burn of the chemicals was conducted to prevent further explosion risk. There were no reported fatalities or injuries. PHOTO: GENE J. PUSKAR/ASSOCIATED PRESSNext >