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MARCH / APRIL 2026 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT CLM Lifetime Achievement Award Winner: Krista Glenn An AI Strategic Imperative Minimum Limits, Maximum Difficulty WHAT F. 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Your gifts enable the pursuit of those goals.” APRIL 28 th 2026 NEW DATE P r e v i o u s l y A p r i l 2 7th 2 0 2 6MARCH / APRIL 2026 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT CLM Lifetime Achievement Award Winner: Krista Glenn An AI Strategic Imperative Minimum Limits, Maximum Difficulty WHAT F. SCOTT FITZGERALD CAN TEACH US ABOUT THE LAW The Crack-Upmcconsultants.com SERVING CLIENTS NATIONWIDE THOUSANDS OF SATISFIED CLIENTS 200 + FORENSIC EXPERTS 200 + AREAS OF EXPERTISE 2,000 + EXPERT TESTIMONIES 10,000 + COSTS OF REPAIR 800.729.0355 35 GL & CD FORENSIC SERVICES ONE COMPANY FOR ALL YOUR CONSULTING NEEDSTHECLM.ORG/MAGAZINE CLM MAGAZINE 3 CLM MAGAZINE MARCH / APRIL 2026 >>>CONTENTS 26 THE CRACK-UP What F. Scott Fitzgerald Can Teach Us About the Law 38 AN AI STRATEGIC IMPERATIVE Embedding Compliance Into Claims Solutions 44 THE FREQUENCY-SEVERITY DIVIDE Fewer Losses, Higher Stakes 50 THE PURDUE PHARMA FALLOUT Bankruptcy Court Navigates Third-Party Releases After Harrington 58 AROUND THE CLM The Spirit of CLM: Innovation and Problem Solving 59 WEBINARS Reforming Time-Limited Demands 60 EVENTS Upcoming events and chapter activities 62 ASK THE EXPERT Shaping Construction FEATURES 4 FRONT DESK CLM Springs Into Action 6 TIMELINE TURMOIL Law Firms Face Increasing Challenges on Payment Duration 12 MINIMUM LIMITS, MAXIMUM DIFFICULTY The Hardest Case to Defend 16 WEIGHING YOUR OPTIONS Unique Strategies for Settling Medicare Beneficiary Claims Subject to the MSP Act 20 PLEASE BE ADVISED: WE SOUND RIDICULOUS Why Claims Professionals Should Stick to Writing Like Claims Professionals COLUMNS 26 50 38 6 59 62 12 20 AROUND THE CLM 58 MARCH / APRIL 2026 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE MARCH / APRIL 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 MARCH / APRIL • ISSUE 2 • 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 Spring is always a season of energy and renewal at CLM, and 2026 is shaping up to be one of our most ambitious years yet. As a community built by and for claims and litigation management professionals, we are leaning into that and building momentum with new tools, programs, and platforms designed to support you and your teams at every stage of your career. One of the initiatives I am most excited about is the relaunch of CLM Tracker, our solution for tracking and renewing adjuster licenses (with the addition of producer license tracking in the new version!). The new Tracker experience is designed to be more intuitive, more flexible, and better aligned with how teams actually work today. Our goal is simple: free you and your organizations from compliance tracking spreadsheets so you can focus on serving policyholders and managing claims. In 2026, we are also introducing adjuster pre-licensing courses to complement Tracker and provide a clearer on-ramp into the profession. These offerings will help new professionals build a strong foundation while supporting companies that are investing in talent pipelines. Together, Tracker and pre- licensing reflect CLM’s commitment to being your partner across the full life cycle of an adjuster’s career. Our 101 Foundational Webinar Series will continue this year, with coverage, negotiation, and subrogation 101 sessions that are practical, interactive, and easy to share with your teams. These programs have drawn hundreds of participants and proven that there is strong demand for clear, accessible education on core technical topics. Paired with our focused bootcamps on negotiation, coverage, and subrogation— offered both virtually and in-person where possible—you will have multiple ways to deepen skills, practice with peers, and bring new tools back to your organizations. I am also proud of the leadership emerging from our Young Professionals Advisory Board. This year, the board will launch a new podcast that brings younger voices to the forefront, exploring trends, challenges, and opportunities in claims and litigation management from their perspective. It is one more way CLM is investing in the future of our profession and creating platforms where every member of our community can be heard. As always, these initiatives are only possible because of you— the members, leaders, speakers, and partners who give your time, ideas, and energy to the CLM community. I hope you will join us in experiencing these new programs, sharing them with your teams, and telling us what else would help you do your best work. Here’s to a year of innovation, learning, and shared success in 2026. Susan Wisbey-Smith President, CLM wisbey-smith@theinstitutes.org CLM Springs Into Action FRONT DESK >>>LITIGATION MANAGEMENT TASK FORCE Better Together The CLM Litigation Management Task Force brings together leading voices for meaningful conversations to address the pressing challenges facing claims and litigation management. Recognizing that together we are stronger when facing mounting pressures, the Task Force is addressing issues such as counsel value, performance metrics, managing costs, professional skills development, and talent recruitment and retention. Thank you to the following organizations for their commitment to innovation and collaboration with this Task Force. https://bit.ly/4kYqUpz To Learn More Scan the QR Code Above or Visit:6 CLM MAGAZINE MARCH / APRIL 2026 A s 2026 kicked off, Louisiana-based law firm McGlinchey Stafford announced it was closing its doors, as of Jan. 31, after 51 years in business. Since then, news reports have largely focused on where the firm’s attorneys have ended up. There are fewer articles diving into what led to the firm’s announcement that it will wind down its operations, but some articles cite a combination of notable recent departures as well as larger market forces. For its part, McGlinchey says there was no single triggering event. In McGlinchey’s statement, Managing Member Michael Ferachi says, “This is not because of any specific attorney’s departure, or any individual financial decision or leadership action that led us to this point. This is the result of a combination of market factors, such as lagging collections, compounded with various internal factors over several years.” Amid the vague reasons in that statement—such as “market factors” and “internal factors”—was one specific factor: lagging collections. CLM has tracked this issue over the years in its Defense Counsel Study, and the takeaway over time is that the problem has been an increasing source of pain for defense firms. CLM’s 2024 Defense Counsel Study notes, “What we do know is that the pain of payment Timeline Turmoil Law Firms Face Increasing Challenges on Payment Duration By Angela Sabarese and Phil Gusman LITIGATION MANAGEMENT >>> Angela Sabarese is CLM’s associate editor. angela.sabarese@theclm.org Phil Gusman is CLM’s director of content. phil. gusman@theclm.orgAXA XL congratulates Tracy Yaun CLM Claims Management Professional of the Year Award Finalist By stepping up to the challenges of our industry, your contributions help find solutions to the world’s most complex risks. Head of Casualty Claims, Americas AXA XL is a division of AXA Group providing products and services through three business groups: AXA XL Insurance, AXA XL Reinsurance and AXA XL Risk Consulting. AXA, the AXA and XL logos are trademarks of AXA SA or its affiliates. ©2026Next >