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DIGITAL EDITION SPONSORED BY: CLICK TO EXPLORE SERVICES CLICK TO PARTNER WITH USTransforming your Claims and Litigation Operations Mission Driven, People Focused Less Than 60 min Response Time We Are 100% Awesome 40+ Years Industry Experience 100+ Claim Offices and Self-Insured Companies Nationwide CLICK TO EXPLORE SERVICES CLICK TO PARTNER WITH US Records Retrieval eDiscovery Claims System Integrations Deposition ServicesBY ANGELA SABARESE C LM will recognize the young, rising stars in its ranks during today’s welcome lunch and premier session by showcasing 2023’s “Phenoms Under 40.” Eight of the standout young professionals will take the stage to discuss their profes- sional journeys, including Christopher Dunnells, DunbarMonroe, PLLC; Gracemarie Mende, Arch Insurance Group Inc.; Kelly Petter, Gerber Ciano Kelly Brady LLP; Katie Grove, McAngus, Goudelock & Courie, LLC; Carlos Fernández, Freeman Mathis & Gary, LLP; Zachary Schwartz, Koeller, Nebeker, Carlson & Haluck, LLP; James Luce, OOIDA; and Taylor Rawal, SECURA Insurance Company. Phil Gusman, CLM’s director of content, will moderate the panel. Per Gusman, “CLM is loaded with extraordinarily talented young profes- sionals, and we’re thrilled to be able to showcase some of the brightest stars here at the Annual Conference. We received over 60 high-quality nomina- tions for 2023’s ‘Phenoms Under 40,’ and it was no easy task narrowing it down. However, even in a pool of impressive talent, our 10 winners were standouts, as I think the audience will Phenoms Unleashed: CLM’s Young Talent Shines O n behalf of the CLM Advisory Board, the Annual Conference Education Committee, and the CLM staff, welcome to San Francisco! We’re so excited that you’re able to join us for CLAIMS UNLEASHED. We have an excellent lineup of educational and social events in store for you over the next couple of days. While today’s schedule is packed full of exciting sessions and events, I also encourage everyone to attend Thursday’s breakfast session at 7:30am, where Taylor Smith, CEO of Suite 200 Solutions, will share, for the first time, the results of the 2024 CLM Defense Counsel Study, where 375 insurance defense attorneys re- sponded to a va- riety of questions about the “State of the Union” in the claims litiga- tion arena. This very informative and enlight- ening session will be followed by our second Premier Session, “Defining the Relationship: Is Outside Defense Coun- sel a Carrier’s Partner or Vendor?” Why is this topic so important? There are some who believe that the industry’s recent financial challenges have triggered a backward shift where “litigation management” has become synonymous with “reducing legal expenses.” A Conference With a Purpose WEDNESDAY, APRIL 3, 2024 SAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 A PERFECT TIME FOR GIVING BACK As National Volunteer Month kicks off, CLM members and fellows are doing their part, building playhouses for children with Habitat for Humanity, and providing nutritious meals to the sick and vulnerable with Project Open Hand. Ronna Ruppelt, CEO, CLM Purpose, continued on page 14 E Phenoms, continued on page 14 E AC24 #CLM2024 show Daily SAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024One Company For All Your Consulting Needs EXPANDED SERVICES Expert Disciplines A-W Architects Biomechanical Engineers Building Envelope Certified Industrial Hygienists (CIH) Civil Engineers Delay Claims Consultants NEW Dram Shop & Public Safety NEW Electrical Engineers Environmental Consultants Fire and Explosion Investigators General Contractors Geotechnical Engineers Materials Science Engineers Mechanical Engineers Metallurgists NY Labor Law NEW OSHA Experts Premises Liability Consultants Premises Security – Police Practices NEW Property Loss Consultants Safety Consultants NEW Structural Engineers Transportation/Traffic Engineers Trial Exhibit Animators UAV (Drone) Pilots Waterproofing Consultants CD & GL Forensic Consulting Property Loss Consulting Construction Consulting mcconsultants.com 800.729.0355 35SAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 CLM DAILY NEWS WEDNESDAY, APRIL 3, 2024 // PAGE 3 WEDNESDAY, APRIL 3, 2024 Schedule at a Glance 7:00 AM-7:45 AM 8:00 AM-9:00 AM 9:30 AM-10:15 AM 10:15 AM-11:00 AM 3:00 PM-3:30 PM 1:30 PM-2:00 PM 8:00 AM-9:00 AM 11:00 AM-11:20 AM 11:30 AM-11:50 AM 10:30 AM - 4:00 PM 12:00 PM-1:30 PM 4:30 PM-5:00 PM 6:30 PM-9:00 PM 5:00 PM-6:00 PM 2:00 PM-3:00 PM • Concurrent Sessions 1 3:30 PM-4:30 PM • Concurrent Sessions 2 Sunrise Stretch (POWERED BY Zehner Trial Consulting); Soma, Second Level Chapter Leaders Breakfast; Foothill D, Second Level First Timer Attendee Welcome; Golden Gate Ballroom A, B2 Level Chapter Meet and Greet; Golden Gate Ballroom B, B2 Level Break (POWERED BY ARCCA); Yerba Buena Grand Assembly, Lower B2 Level Break; Yerba Buena Grand Assembly, Lower B2 Level Breakfast; Yerba Buena Ballroom 7-9, Lower B2 Level Insight Session 1: The Evolving Landscape of AI-powered Claims Processing; Yerba Buena Grand Assembly South, Lower B2 Level Insight Session 2: Re-Adjusted: Taking Your Organization From Ordinary to Extraordinary!; Yerba Buena Grand Assembly South, Lower B2 Level The Headshot Studio; (POWERED BY Wood Smith Henning & Berman LLP) Welcome Lunch and Premier Session: Phenoms Unleashed; Yerba Buena Ballroom 7-9, Lower B2 Level Break (POWERED BY Torres Victor); Yerba Buena Grand Assembly, Lower B2 Level A Taste of San Francisco Kickoff Party (POWERED BY Digital Owl, Ringler, and Steno); City View at Metreon The Party Starts Here (KEYNOTE POWERED BY Tyson & Mendes) (LIFETIME ACHIEVEMENT AWARD POWERED BY Compex Legal); Yerba Buena Ballroom 7-9, Lower B2 Level An Ethical Dilemma: What Must I Do and What Can AI Do? Yerba Buena Ballroom 1-2, Lower B2 Level An Insured, General Counsel, Broker, and Defense Counsel Walk Into a Meeting… Yerba Buena Ballroom 3-4, Lower B2 Level Beating FOMO: Overcoming Plaintiffs' Resistance to Settlement Yerba Buena Ballroom 12-13, Lower B2 Level Built for Success: Proper Claims and Litigation Management After a Construction Site Incident Foothill E, Second Level How To Innovatively Leverage Rules of Professional Conduct for More Efficient Case Results Golden Gate Ballroom B, B2 Level I Might Be Biased: The Problem With AI Bias and What Can Be Done About It Yerba Buena Ballroom 14-15, Lower B2 Level Institutional Knowledge: Using Economies of Scale To Streamline Litigation Golden Gate Ballroom C1, B2 Level More Than You Bargained For: What's Involved in Adjusting for Bargained-For Risks Yerba Buena Ballroom 10-11, Lower B2 Level Music to Your Ears: With "All the Right Moves" You Will Be a "Super Trouper" Claims Adjuster Golden Gate Ballroom A, B2 Level New Kids on the Block: How Young Professionals Can Revitalize the Insurance Defense Industry Yerba Buena Ballroom 5-6, Lower B2 Level Power Play: A Closer Look at Battery System Losses and Emerging Exposures Foothill G, Second Level Safeguarding Against Ransomware and Emerging Threats in an Evolving Cyber Landscape Nob Hill C-D, Lower B2 Level Setting the Standards: Understanding the Fundamental Concepts in Construction Disputes Nob Hill A-B, Lower B2 Level Settle Down: Affecting Settlement When Liability and Coverage Is Disputed Foothill C, Second Level Unknown Unknowns: Unforeseeable Product Failures and Whether Design Change Equates to Design Defect Golden Gate Ballroom C2, B2 Level A for Effort: Managing the Performance of External Counsel Golden Gate Ballroom A, B2 Level An Insider's Guide To Creating a Successful Construction Workers' Comp Program Nob Hill A-B, Lower B2 Level Breaking Bad: The Impact of Badly Behaving Lawyers on the Legal Profession Yerba Buena Ballroom 1-2, Lower B2 Level Claims Impact of Evolving Public Nuisance Liability Theories To Address Societal Injury Foothill E, Second Level Give So That Thou Shall Receive: Reporting, the Critical Core of the Attorney-Client Relationship Yerba Buena Ballroom 3-4, Lower B2 Level How Cybersecurity, Data Privacy, and Insurtech Are Rewriting the Underwriting and Claims Handbook Nob Hill C-D, Lower B2 Level Nuclear De-Escalation: Strategies in the Battle Against High Dollar Verdicts and Bad Faith Cases Golden Gate Ballroom B, B2 Level Roadmap to Success: Navigating the Modern Legal Landscape To Master Claims and Litigation Foothill C, Second Level Talking ‘Bout a Revolution: Leveraging AI for Efficient Data Management and Claim Outcomes Yerba Buena Ballroom 12-13, Lower B2 Level The Transfer Portal: A Multidisciplinary Approach to Successfully Transferring Risk Yerba Buena Ballroom 10-11, Lower B2 Level Tick, Tick...BOOM: The Rising Dangers of Time Limit Demands on Carriers and Law Firms Yerba Buena Ballroom 14-15, Lower B2 Level To Test or Not To Test: Does It Really Matter What Caused Workplace Impairment? Golden Gate Ballroom C1, B2 Level Unraveling the Competing Interests of Defense and Coverage To Reach a Favorable Resolution Foothill G, Second Level You’re Out of Time: Implications of Time Limit Demands and Claims of Bad Faith Yerba Buena Ballroom 5-6, Lower B2 LevelSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 4 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS DIRECTIONAL ASSISTANCE POWERED BY LOWER B2 LEVELB2 LEVEL SECOND LEVEL The Headshot Studio POWERED BY Wood Smith Henning & Berman LLP 10:30am–4:00pm DON'T FORGET YERBA BUENA BALLROOM POWERED BY TYSON & MENDES SALON 1 SALON 2 SALON 3 SALON 4 SALON 5 SALON 6 SALON 15 SALON 14 SALON 13 SALON 12 SALON 11 SALON 10 REGISTRATION & HELP DESK & CE/CLE QUESTIONS TO GOLDEN GATE BALLROOM EXHIBITORS/BREAK HALL ELEVATOR IN SIGHT SESSIONS NOB HILL A NOB HILL BNOB HILL CNOB HILL D GOLDEN GATE BALLROOM C3 SPEAKER READY ROOM C2 C1 JUNIPER LAUREL WILLOW WALNUT A B ELEVATORS TO LOBBY BUSINESS CENTER MISSION CORRIDOR TO YERBA BUENA BALLROOM ATRIUM COCKTAILS AND CONVERSATION FOR EMERGING PROFESSIONALS FOOTHILL A FOOTHILL B FOOTHILL C CHAPTER LEADERS BREAKFAST FOOTHILL D FOOTHILL E FOOTHILL F FOOTHILL G1 FOOTHILL G2 FOOTHILL H FOOTHILL J FOOTHILL I SOMA SUNRISE STRETCH M CLUB LOUNGE ELEVATORSSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 CLM DAILY NEWS WEDNESDAY, APRIL 3, 2024 // PAGE 5 ABI Document Support Services Actionstep AI Insurance AQuity Solutions LLC ARCCA, Inc. Arrowhead Evaluation Services, Inc. Axis Consulting B2R Consulting Group Inc Bremer Whyte Brown & O'Meara, LLP BSC Forensic Services Callahan & Fusco, LLC. Carl Warren & Company Center City Legal Reproductions & Reporting Charlee.ai CLARA Analytics Compex Legal Services Conroy Simberg Consilio CYBIR DBI Construction Consultants, LLC DeFacto Consulting Group, Inc. DigitalOwl, Inc. DXC Technology Services LLC EisnerAmper LLP Engle Martin Entrusted Administrators & Subrogation Envista Forensics ESI (Engineering Systems Inc.) Esquire Expert Institute Exponent Filevine First Environment, Inc. First Legal Forensic Engineering Company, LLC (FEC) Forensic Weather Consultants, LLC Gallagher Bassett Services, Inc. Gordon Rees Scully Mansukhani Guardian Group Haag Global, Inc. Hermes Law, P.C. iCopy Legal imedview, inc. IMPAXX Insurance Subject Matter Experts Insure National J.S. Held LLC JENSEN HUGHES, Inc. Judicate West Kahana Feld, LLP LCS Record Retrieval Legal Language Services LegalMation Lewis Brisbois Bisgaard & Smith, LLP Lex Machina Lexitas Litify Inc. Litili, LLC Macro-Pro Magna Legal Services, LLC MC Consultants, Inc. McAngus Goudelock & Courie, LLC (MGC) MDD Forensic Accountants Milliman, Inc. MKA International, Inc. Nelson Forensics Ontellus Pete Fowler Construction Services, Inc. Polaris Forensics Precedent Rimkus Consulting Group, Inc. Ringler Roots Automation Schlossberg & Umholtz SEA, Ltd. SecondLook, Inc. Selman Leichenger Edson Hsu Newman and Moore LLP Steno The MCS Group TorresVictor Tyson & Mendes LLP U.S. Forensic LLC U.S. Legal Support, Inc. Wisedocs Wolters Kluwer, ELM Solutions Wood Smith Henning & Berman LLP Young & Associates Your House Counsel Zehner Trial Consulting EXHIBIT HALL SPONSORSSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 6 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS SESSION PREVIEW Embrace AI, but Beware the Unintended Consequences BY FRAN CLARK A rtificial intelligence (AI) is becoming ubiquitous in the claims world, as it decreases cycle time and allows for early identification of issues, thereby assisting with a more focused, expeditious claims investigation. AI is similarly gaining popularity in under- writing and risk management, giving insurance companies access to more information and data and allowing for lightning-quick analyses. But AI has its downside—unintended consequences. Learn about both the benefits and draw- backs of AI in today’s session, “I Might Be Biased: The Problem With AI Bias and What Can Be Done About It.” The session will show there is a growing concern among insurance regulators about the presence of unin- tentional bias in AI systems, which can have profound implications for insurance professionals and the public at large. Per Maria Abate, Colodny Fass, P.A., “This session will highlight the potential for inherent bias through real-life applica- tions of AI, discuss the reputational and societal costs associated with unfettered use of AI, and explore solutions for the ethical and good-faith utilization of this rapidly expanding technology.” Abate will moderate the session, and Dwight Geddes, Metro Claims & Risk Mgmt; and Charles Watkins, Kubicki Draper, will talk about the innovative ways AI is transform- ing the insurance industry. Abate states, “The discussion will then explore how bias arises—i.e., through biased algorithms, through biased data sets, and through data points that histori- cally provide results that negatively impact underrepresented groups.” The panel discussion will address the need to balance the expediency pro- vided by utilizing AI for claims investiga- tions and decisions with the good-faith requirements inherent in claims handling. Geddes says, “The discussion will also explore how the irresponsible use of 'big data,' which reduces transparency regard- ing decision-making, will not necessarily shield the insurance industry from regula- tory scrutiny and potential litigation.” Only through collaboration and input from diverse individuals (gender, race, culture, religion, age, abilities, sexual orientation, etc.) can proper safeguards against unintentional bias be implement- ed. Watkins explains, “Once potential biases are identified, it is critical that all stakeholders are made aware of the concern—from the individuals writing the algorithms, to the individuals decid- ing which data sets the AI will learn from, to the individuals vetting and testing the proposed use of the AI and verifying the validity of the output—and all stakehold- ers must be trained to look out for poten- tial problems.” He continues, “Further, there should be meaningful and substan- tive human review of ultimate coverage or underwriting decisions made by AI to avoid unintentional consequences.” To learn more, head to Yerba Buena Ballroom 14-15, Lower B2 Level at 2pm. i Maria AbateDwight GeddesCharles WatkinsSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 CLM DAILY NEWS WEDNESDAY, APRIL 3, 2024 // PAGE 7 WE ASKED CLAIMS EXECUTIVES: As a claims executive, is there a particular issue facing the claims and litigation industry that you are looking forward to tackling? “The issue that I think is so vitally important is still staffing and where future staff is going to come from. But probably even more important than that is technology and artificial intelligence and where we’re going to find those nuggets, those special things that we can do to make the adjuster’s job even easier and still improve quality.” Stephen Hunckler, Chief Claims Officer, State Compensation Insurance Fund “The biggest issue right now is the lack of interest by the younger generation. We don’t have a lot of kids coming up saying, ‘Hey, I want to be in claims.’ And as the industry starts to retire and get older, the concern is who will then handle claims in the future.” Flavia Pemberton, Senior Vice President, Everspan “One of the issues that I am most looking forward to tackling within the industry is bringing young people into the fold. Our industry has not done a good job historically at making young people see claims as a career rather than a job, and I’m hopeful that over the next year or two, outreach at colleges—outreach even as far down as high schools—teaching them about claims; teaching them how claims is really about helping people attract the next generation of professionals into our industry.” Christopher Carucci, Vice President, Client Services, Gallagher Bassett CLM members and fellows volunteer at Project Open Hands.Next >