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NOVEMBER 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT PFAS Litigation: Into the Unknown A Deep Dive on Bad Faith Caution Ahead on Generative AI Insurers, Legislatures, and Landowners Adjust and Adapt to Increasing Wildfire Threat THE Taming FLAMES NOVEMBER 2023 DIGITAL EDITION SPONSORED BY:888.CUSTARD WWW.CUSTARD.COM Transportation Services Excellence in Claims Handling. Building Partnerships Since 1962. Recognized as a premier loss adjusting company with roots firmly planted in handling commercial transportation losses. For information, please contact Teresa Allen-Tignor at tallen-tignor@custard.comNOVEMBER 2023 FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT PFAS Litigation: Into the Unknown A Deep Dive on Bad Faith Caution Ahead on Generative AI Insurers, Legislatures, and Landowners Adjust and Adapt to Increasing Wildfire Threat THE Taming FLAMESWith national reach and licensure in every state, Vertex is your one-stop shop for construction, engineering, and forensics experts. WITNESS OUR EXPERTS ENVIRONMENTAL CLAIMS FIRE INVESTIGATION CAUSE & ORIGIN PREMISES LIABILITY CONSTRUCTION DEFECT FORENSICS PROPERTY & CASUALTYTHECLM.ORG/MAGAZINE CLM MAGAZINE 3 NOVEMBER 2023 DIGITAL EDITION SPONSORED BY: CONTENTS CLM MAGAZINE NOVEMBER 2023 16 TAMING THE FLAMES Insurers, legislatures, and landowners adjust and adapt to increasing wildfire threat 20 INTO THE UNKNOWN Navigating expanding and uncertain PFAS litigation 24 DON’T GO IN BLIND Defending unwitnessed workers’ compensation cases 28 A DEEP DIVE ON BAD FAITH Avoiding charges of unfair claim settlement practices on third-party liability claims 36 FOCUS ON INSURANCE CLM’s final event of the year promises to inspire 37 BETWEEN THE LINES Given the concerning rise in catastrophic events, what technology solutions have been most effective in helping the industry better predict, evaluate, and/or respond to catastrophes, and how do you use them? 38 WEBINARS You get what you pay for 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 McCollum Crowley’s Cindi Thurston FEATURES 4 FRONT DESK Giving thanks 6 EXPOSURE Mud on the tracks 8 CAUTION AHEAD ON GENERATIVE AI View this technology as a supplement, not a substitute 10 FOR THE LOVE OF THE GAME An insurance coverage attorney talks about her passion for this niche area of the law 12 RISK MANAGEMENT AND THE NEXT GENERATION As new workers fill depleted ranks, training takes center stage COLUMNS AROUND THE CLM 16 20 28 8 36 42 10 124 CLM MAGAZINE NOVEMBER 2023 FRONT DESK A publication of DIRECTOR OF CONTENT Phil Gusman ASSOCIATE EDITOR Angela Sabarese ASSISTANT EDITOR Fran Clark CONTRIBUTING EDITOR Abi Potter Clough ART DIRECTOR/ PUBLISHING OPERATIONS MANAGER Jason T. Williams EDITORIAL QUESTIONS Phil Gusman phil.gusman@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 NOVEMBER • ISSUE 9 • 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. As claims and litigation professionals, you are continually challenged to be creative and meticulous while dealing with complex claims and disputes. You face high-pressure, fast moving situations with skill and professionalism. You’re on the ground after catastrophic loss events helping people recover, and you’re in the courtroom resolving in-depth coverage questions. At the same time, you must contend with an inventive plaintiff’s bar and ever- changing legal, litigation, and compliance landscapes. Through it all, you prioritize compassion for those who experience losses and tragedies. And you do it all without receiving praise and accolades from most people outside of the industry. When there is media coverage of insurance, it is not usually about houses rebuilt or lives made whole again, but rather what carriers are not doing after a catastrophe, or losses that are not covered. Well, the hard work and kind hearts of claims and litigation professionals do not get overlooked here. I am again reminded of how generous and dedicated this community is as I see the feedback rolling in for CLM’s Litigation Management Institute (LMI), which was held in Chicago last month. On social media and in messages I have received, there is high praise from those who attended LMI toward those of you in our community who made it happen by contributing your time and expertise to share your knowledge with others. Knowing this industry and so many of you in it, I am not surprised by your commitment and passion, but I am grateful to lead an organization that puts it on display. And so, since this is the season of giving thanks, I want to say, on behalf of all of us at CLM, thank you for your time, generosity, and dedication to the industry and the professionals within it. Thank you for all the work you do in your communities. And thank you for being a part of CLM and being the engine that makes this association go. It’s a privilege to stand with all of you, and I look forward to meeting the challenges facing our industry together. All the best – Ronna Ruppelt, Esq. CEO ronna.ruppelt@TheCLM.org LinkedIn.com/in/ronnaruppelt Giving ThanksOnce a year we gather the many professionals who play a part in the process of managing claims and elevate our combined knowledge. This year we do so with a shrewd eye on one goal: unleashing all the expertise, technology, prowess, and old-fashioned know-how to crack the code on claims and litigation management processes. Are you ready for it? Set your calendar for the opening day of Annual Conference registration to ensure a seat in your preferred sessions. AC24 APRIL 2-4 | SAN FRANCISCO #CLM2024 REGISTRATION OPENS WEDNESDAY, DECEMBER 6 AT NOON ET 6 CLM MAGAZINE NOVEMBER 2023 EXPOSURE MUD ON THE TRACKS The Metropolitan Transit Authority released photos of crews working to clear railroad tracks after rain caused a mudslide on Oct. 21 in Scarborough, N.Y., in Westchester County. News reports say crews had to remove 900 tons of soil and stone. PHOTO: NBCNEWYORK.COM/TAG/MTA/Next >