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MAY 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Preventing Nuclear Settlements at Deposition Pursuing Cyber Liability Subrogation Claims Overcoming Opioid Arguments CLM’S LITIGATION MANAGEMENT STUDY REVEALS A COMBINATION OF PRESSURES FOR CLAIMS ORGANIZATIONS AND DEFENSE FIRMS Resolution The Road to MAY 2023 DIGITAL EDITION SPONSORED BY:Immediate Responses. www.custard.com 1.888.CUSTARD Everlasting Relationships. Providing the highest quality claims service for our client partners. PROPERTY SERVICESMAY 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT Preventing Nuclear Settlements at Deposition Pursuing Cyber Liability Subrogation Claims Overcoming Opioid Arguments CLM’S LITIGATION MANAGEMENT STUDY REVEALS A COMBINATION OF PRESSURES FOR CLAIMS ORGANIZATIONS AND DEFENSE FIRMS Resolution The Road toWorld-class.Globalreach. 800.229.0302 rimkus.com WHAT HAPPENED? WITHSOMUCHAT STAKE, YOU NEED TO KNOW YOU HAVE QUESTIONS. WE PROVIDE ANSWERS. Determining the cause of an accident is no easy feat. It’s a science. Rimkus forensic engineers and consultants have decades of experience reconstructing accidents of all kinds to determine what happened and why. We also provide expert testimony at trial. 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 MAY 2023 18 THE ROAD TO RESOLUTION Litigation management study reveals a combination of pressures for claims organizations and defense firms 22 PREVENTING NUCLEAR SETTLEMENTS AT DEPOSITION In the first of this two-part series, we look at why less is more when it comes to witness testimony 28 CRACKS IN THE THEORY Exposing functional neurology in mild traumatic brain injury cases 32 OVERCOMING OPIOID ARGUMENTS How workers’ comp is helping to break the cycle of abuse 36 UNDERSTANDING THE EFFECTS OF THE OPIOID EPIDEMIC Previewing CLM’s upcoming Workers’ Comp, Casualty, and Risk Management conference. 37 BETWEEN THE LINES What is the best use of generative AI in claims and litigation? 38 WEBINARS The current state of automation in the claims process 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 CapSpecialty’s Mary Haefer FEATURES 4 FRONT DESK You’ll be glad you did 6 EXPOSURE Parking garage collapse in NYC 8 FULL CLARITY ON PARTIAL RELEASES How to navigate a primary insurer’s duty of good faith 12 FIVE STRATEGIES FOR EARLY MEDIATION SUCCESS Tips for young professionals who are facing their first mediations 14 MONEY, MONEY, MONEY Pursuing cyber liability subrogation claims against third-party service providers COLUMNS AROUND THE CLM 18 28 32 8 12 36 42 14 MAY 2023 DIGITAL EDITION SPONSORED BY:4 CLM MAGAZINE MAY 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 MAY 2023 • ISSUE 4 • 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 When we look back on our professional lives, we often think about the decisions we made, the risks we took, and the opportunities we missed. We may find ourselves asking the question: “When I look back on my choices, will I say, ‘I wish I had,’ or ‘I’m glad I did’?” In my experience, we are more likely to regret the things we didn’t do than the things we did. Professionally, we may regret not taking that job offer or pursuing a designation. Personally, we may regret not traveling more, spending more time with loved ones, or pursuing our passions. On the other hand, when we take risks, pursue our interests, and embrace new experiences, we are more likely to look back and say, “I’m glad I did.” Challenges and obstacles were faced, but with them came personal growth, fulfillment, and happiness. All of this bubbled to the surface last month during National Volunteer Month, when we reached out personally to the more than 320 volunteers who help ensure CLM reaches its goals every year. These volunteers lead chapters, organize communities, teach at Claims College and LMI, speak at our conferences, and serve on our advisory board. Guess which response our team heard the most when having these thank- you conversations—”I wish I had,” or “I’m glad I did”? Two people who were “glad they did” include attorney Michael Young and litigation specialist Taylor Rawal. Both were involved in spearheading all-new workshops at CLM’s recent Annual Conference, with Young helping lead the “Coverage Bootcamp Workshop,” and Rawal focusing on “The Art of Fair, Unbiased, and Equitable Claims Negotiation Workshop.” Afterward, Young said, “I did it just because I believe in it. I really think this is an area of improvement for the industry and it was a great opportunity to do this through CLM.” Rawal felt similarly, saying, “Our team put a lot of time into creating the workshop, meeting almost every other week since August 2022 to develop the idea and create the materials.” This is passion at its finest and shows how our volunteers are truly an extension of our team. As you consider your place and role with CLM, I encourage you to look for opportunities to contribute and get involved—you’ll wish you had done so sooner, I promise. All the best – Ronna Ruppelt CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt You’ll Be Glad You Did 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 MAY 17-18 Work Comp, Casualty & Risk Management Conference CHICAGO JUNE 22 Spotlight: Transportation NEW ATLANTA JULY 18 Spotlight: Insurance Fraud NEW PHILADELPHIA 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 MAY 2023 EXPOSURE PARKING GARAGE COLLAPSE IN NYC A nearly 100-year-old building in lower Manhattan collapsed on April 18, 2023, killing the manager of the parking garage and injuring seven others. The New York City Fire Department said too much weight on the roof and the building’s age contributed to the severity of the collapse. 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