Made with FlowPaper - Flipbook Maker
< PreviousSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 8 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS COMPREHENSIVESERVICES TORESOLVEYOUR COMPLEXDEMANDS Afull-serviceconsultingfirm specializinginforensicinvestigative services. Sacramento,CA Concord,CA Torrance,CA NewportBeach,CA SanDiego,CA OFFICELOCATIONS Scottsdale,AZ Meridian,ID Seattle,WA LasVegas,NV Dallas,TX Tampa,FL SESSION PREVIEW Constructing a Strong Workers’ Comp Program BY ANGELA SABARESE C reating a workers’ compensation (WC) program with suc- cess in mind involves several experts and moving parts. In today’s session, “An Insider’s Guide to Creating a Successful Construction Workers’ Comp Program,” speakers Cathie McGrath, Alliant Insurance Services, Inc.; Greg Perruzzi, Gallagher Bassett Services, Inc.; Sarah Thomas, Jones Jones LLC; and Maren Mooney, Turner Surety and Insurance Brokerage, Inc., will discuss a variety of topics involved with creating a suc- cessful WC construction program. “Communication is every- thing—if you do not know who to communicate with, and do not do so timely, you could be missing out on key timing needed for a successful program,” explains Thomas. “Prompt- ly reporting claims ensures workers receive necessary medical care and will also start the WC process—and these components are the basic core elements of a program. Good communication is key to documenting the details of an alleged injury, which can, in turn, drive out fraud on programs.” Furthermore, “Investigation and litigation are hand-in-hand when it comes to developing a program,” Thomas continues. “A WC program’s investigators and litigators must have a relationship [where they] are able to share information and strategize together. An investigator must under- stand the construction business from every level and be prepared to inves- tigate active sites—and have all the needed gear to get onto sites—as well as the understanding to speak with the workers on-site to gain a sense of the alleged injury. Defense litigators with a track record of litigating con- struction should be considered as part of the program as they will usually have a deeper sense of what is needed in order to best position the client at the onset of a program, as well as dur- ing the litigation phase of the claims that arise.” The presenters hope that attend- ees walk away having learned action items to use when creating their own programs, per Thomas. They will also leave the session with “a checklist of entities and individuals that they should consider present during a pro- gram kick-off meeting; key elements that they should have at that kick-off meeting to make it a success; tips on how to best position investigation and litigation strategies and how to vet both investigators and litigators; and a general update on construction litiga- tion, surveillance, and technology. For more knowledge on this topic, plan to attend today’s session at 3:30pm in Nob Hill A-B, Lower B2 Level. i Sarah ThomasSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 CLM DAILY NEWS WEDNESDAY, APRIL 3, 2024 // PAGE 9 Don’t go the way of the dodo... LegalMation is the leading AI assisted legal dispute resolution productivity platform that is changing the way disputes and claims are handled. “LegalMation allows us to produce legal pleadings, at an incredibly rapid pace, so with the oversight of lawyers, the tools will generate answers and discovery requests, it’s been a game changer for us.” Chief Legal Officer Top 5 P&C Carrier SESSION PREVIEW Plaintiffs Are Digging In, but Preparation and the Right Strategies Can Lead to a Successful Settlement BY PHIL GUSMAN F or many reasons, plaintiffs’ resistance to settlement is increasing. Related to this, plaintiffs’ demands are escalating, and they are becoming more entrenched in their positions. What can be done to break through the resistance and find a sus- tainable path to resolution? Today’s session, “Beating FOMO: Overcoming Plaintiffs’ Resistance to Settlement,” will explore this question and cover strategies for success. If there is one message the present- ers want attendees to take away from this session, it is, “Prepare!” according to Melissa Aliotti, Judicate West. She adds, “Successful mediation happens by learning all you can about the case, the characters, and the context long before the mediation.” Aliotti shares some of the strate- gies that she and co-presenter Brian Sanders, Koeller, Nebeker, Carlson & Haluck, LLP, will cover during the ses- sion that will help lead to more successful mediations: “Communication with opposition about expectations well in advance; early selection and communica- tion with the mediator; more discovery beyond the basic written exchange; timely pre-mediation report with current jury verdicts search; budget through trial and settlement recommendations; obtaining realistic authority levels; and in-person sessions.” What are the reasons behind the issues that claims professionals and the defense bar are seeing as far as a growing resistance to settlement? The panel will discuss that as well, but it essentially comes down to plaintiffs’ bar tactics. Aliotti says, "So- phisticated media strategies make larger verdicts common knowledge, leading to widespread higher expectations among claimants and their counsel." She adds that the plaintiffs’ bar’s traditionally robust information-sharing culture also contrib- utes to the resistance to settlements. The presenters promise a frank discussion about addressing the escalating demands and entrenched positions that are more frequently encountered by claims professionals and the defense bar, and the diligent preparation required before coming into mediation. “This will be presented as an interactive discussion with the problem presented; strategies that have produced results described; and an invitation for audience questions, points of discussion, suggestions, and recommendations,” says Aliotti. To join in the discussion on this important topic and learn about the strategies to succeed in an increasingly challenging landscape, head to Yerba Buena Ballroom 12-13, Lower B2 Level today at 2pm. i Melissa AliottiBrian SandersSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 10 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS SESSION PREVIEW New Rules Because of Bad Lawyers BY FRAN CLARK B adly behaving lawyers have historically been the justification for new ethi- cal rules and obligations imposed on the legal profession. Recently, well-known attorneys have caused a commotion in the legal and ethical com- munity, resulting in new state bar rules and proposed obligations, both adminis- tratively and via judicial intervention. Today’s session, “Breaking Bad: The Impact of Badly Behaving Lawyers on the Legal Profession,” will discuss new ethi- cal rules, revisit old ones, and ad- dress the growing concerns about public and judicial confidence in the legal profession. Claims professionals will be better able to assess the role that they play in the resolution process and whether the claimed ethical violations will affect the day-to-day decisions im- pacting the resolu- tion of claims. Co-presenters Frances O’Meara, Wood Smith Hen- ning & Berman LLP; and Ron Goldstein, Aon, will use a few high-profile cases to discuss the likely impact of ethical violations on ethi- cal responsibilities in case resolution, prompt payment of claims, and valuation of those claims. Per O’Meara, “This panel will discuss the etiology of some of these new obligations in light of the growing concerns of public confidence in the legal profession, including our judiciary.” She continues, “As an insurance professional, you work in synergy with attorneys. Enhanced knowledge of the attorney profession is a helpful tool for your professional growth.” By reviewing specific violations of the ethical rules, insurance professionals will benefit from a discussion of their own duties that they assume to avoid any issues of bad faith in the adjudica- tion and resolution of insured matters. This presentation will also address future trends to allow insurance professionals to anticipate how and when claims handling may transform in the future. The presenters want attendees to know that they can, with these few examples of bad lawyering, model a profile of an attorney before assign- ing them a matter. This session offers attendees a greater understanding of the importance of ethical dealings when working with clients who may not have operated in an ethical manner and what, if any, duties are owed to the claimant respecting the resolutions as the case develops. O’Meara and Gold- stein offer these succinct takeaways: Be proactive, stay connected, be informed, reflect, and collaborate. To learn more about these new, or revisited, ethical rules, head to Yerba Buena Ballroom 1-2, Lower B2 Level at 3:30pm. i SESSION PREVIEW The Past, Present, and Future of Public Nuisance Claims BY ANGELA SABARESE T he subjects encountered in public nuisance claims to address societal injury have evolved over decades. Public nuisance claims have been suc- cessfully brought against the tobacco industry and opioid supply chain, which inspired modern cases involving vaping, climate change, and even social media. Per Allyson Spacht, BatesCarey LLP, today’s session, “Claims Impact of Evolving Public Nuisance Liability Theories to Address Societal Injury,” will “discuss the evolution and recent application of public nuisance liability theories.” Stephanie Ruffo, Great Ameri- can Insurance Group, will lead a discussion on the historical origins of public nuisance and its evolution into its modern application to address mass torts, including discussion of the tobacco and opioid public nuisance litigation. Spacht will discuss the future of public nui- sance claims with respect to climate change, social media, and PFAS; and she will also discuss whether these types of claims are insurable. “In the 1990s, 46 states sued the largest tobacco companies for reimbursement of the governmental and societal costs of treating smoking- related illness,” says Spacht. “The mag- nitude of the litigation was enough to motivate settlement at the early stages of litigation, with the tobacco industry agreeing to provide the states $206 billion over a 25-year period. State and local governments adopted the public nuisance formula used in the tobacco litigation and filed thousands of lawsuits against opioid manufac- turers, distributors, and retailers to address the opioid epidemic. While these public nuisance claims have been met with varied success in court, they nonetheless have resulted in significant settlements by major opioid manu- facturers, distributors, and retailers, totaling over $50 billion.” These public nuisance claims have led to severe coverage implica- tions. “Mass societal injury claims produce risks that are undiversifiable, unquantifiable, and—importantly— intentionally created. This is not the type of risk that insurance is structured [around] or intended to cover,” says Spacht. “Largely, the relief requested in societal injury public nuisance claims is abatement of the nuisance, which often includes requests for billions of dollars to fund abatement plans and preventa- tive measures to avoid future injury. This type of forward-looking remedy may not constitute damages for ‘bodily injury’ or ‘property damage’ during the policy period.” For more information on this important topic, plan to attend today’s session in Foothill E, Second Level at 3:30pm. i Frances O’MearaRon Goldstein Allyson SpachtSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 CLM DAILY NEWS WEDNESDAY, APRIL 3, 2024 // PAGE 11 SESSION PREVIEW Youth Gone Vital: Juror Anger and Fresh Perspectives BY ANGELA SABARESE T he insurance defense industry faces a crucial dilemma: jurors—particu- larly young ones—do not view corporations or their counsel kindly, according to recent studies. In today’s ses- sion, “New Kids on the Block: How Young Professionals Can Revitalize the Insurance Defense Industry,” speakers Sitar Bhatt, Tyson & Mendes LLP; Kelley Inman, Hudson Insurance Group; and Gina Torres, Tokio Marine HCC, will discuss what millennial and Gen Z claims profes- sionals and counsel can do to bring creativity, fresh perspectives, and vital- ity to the industry. “While recent research has shown jurors as a whole, post-COVID-19, tend to view corporations less favor- ably than before, millennials and Gen Z jurors exhibit an even sharper de- cline in their view of corpora- tions,” explains Bhatt. “The corporate-identity effect is the perception that corporate defendants are viewed as more liable and more owing of higher damages, and that effect has permeated juror thinking. When the defense does not take active steps to defuse juror anger…[jurors] unleash their anger on a defendant. Any juror is susceptible to the plaintiffs’ bar’s tactics designed to cultivate anger, but younger jurors may be especially vul- nerable in light of their life experience and distrust. We must work intention- ally and creatively to engage with these jurors authentically, embracing our humanity along the way.” Younger professionals, according to Bhatt, can revitalize the insurance defense industry by feeling empowered to share their thoughts. “Professionals who have not spent decades in this industry likely have fresh perspectives to offer, including ideas on how to use technology to streamline our approach and mitigate risk, and how to relate to younger plaintiffs and jurors in a more meaningful, impactful way,” he notes. “The reality from our research is that it is not new adjusters and counsel who get hit with Nuclear Verdicts—it is experienced, seasoned professionals. We need to embrace creativity and wel- come new ideas to change, and young professionals need a seat at the table to revamp and reimagine our industry.” The speakers hope attendees leave the session with “clear takeaways for implementing the proven Nuclear Verdicts Defense Methods, and with ideas of how to revitalize our industry by giving young professionals the mi- crophone, listening and acknowledging the legitimacy of our experience, and embracing change that is long over- due,” says Bhatt. To learn more about this intriguing topic, plan to attend to- day’s session in Yerba Buena Ballroom 5-6, Lower B2 Level at 2pm. i Sitar Bhatt Next Year In See All Y’All Dallas! AC25 APRIL 9 - 11 #CLM2025 [The presenters] will discuss what millennial and Gen Z claims professionals and counsel can do to bring creativity, fresh perspectives, and vitality to the industry. SAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 12 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS SESSION PREVIEW Staying Ahead of Cyber Threats SESSION PREVIEW Ticking Clock, Rising Dangers BY FRAN CLARK A s we all are well aware of these days, no orga- nization is immune to a cyberattack. It can happen to a large international corpo- ration or the smallest family business, and everyone in between. Kirsten Mickelson, GB Specialty, a presenter for today’s session, “Safeguarding Against Ransomware and Emerging Threats in an Evolving Cyber Landscape,” says, “It is important that organizations foster a culture of security awareness and collaboration where employees feel empowered to raise security concerns and actively participate in safeguarding organiza- tional assets.” Mickelson and co-presenters Catherine Lyle, Tokio Marine HCC; Dale Schulenberg, Gallagher Bassett; and Stephen Dougherty, United States Secret Service, will cover the current cyber-threat landscape and the tactics and techniques threat actors are using to exploit their victims, exfiltrate data, and monetize the crime. Mickelson continues, “Threat ac- tors are looking for either the low-hang- ing fruit (organizations that are easy to infiltrate or zero-day vulnerabilities) or a way in which they can make the biggest impact [with vendors or suppliers].” Schulenberg says, “At the end of the day, threat actors want to mon- etize their crime quickly. The most efficient way to do this is by attacking an organization with poor cyber- security hygiene or by exploiting a vulnerability that can affect hundreds of organizations at once.” When asked what are some of the top cyber threats occurring today, Lyle responds, “Ransomware, ransomware, ransomware.” She adds, “And fraudu- lent transfer of funds. Anything where a threat actor can disrupt businesses to monetize the crime.” Join this experienced group of presenters as they cover all aspects of this ever-evolving crime. Dougherty will discuss what is being seen in terms of cyberattacks from a na- tional perspective, and what the U.S. government is doing about it. Then Schulenberg and Lyle will discuss the cyber-threat landscape from the carrier’s perspective, including supply- chain exploitations and downstream implications of these attacks. Finally, Mickelson will discuss preventative measures organizations can take to protect themselves and how cyber insurance can be used to not just reimburse for loss, but also how it can be a proactive partner to safeguard organizations from attacks. Today’s presenters hope attend- ees leave this session with a sense of the current threat landscape, measures organizations can take to decrease the likelihood of an attack, and an under- standing of how cyber insurance can be used as a preventative tool for cyber risk. To learn more, head to Nob Hill C-D, Lower B2 Level at 2pm. i BY KATIE DWYER T his afternoon, JD Keister, McAngus, Goudelock & Courie LLC, will discuss challenges associated with time-limit demands and what claims professionals can do to overcome them. He will be joined for the session, “Tick, Tick … BOOM: The Rising Dangers of Time Limit Demands on Carriers and Law Firms,” by Samara Landis, Selec- tive Insurance Company of America; Jessica Tyndall, Nationwide; and Laura Zaroski, Gallagher. Time-limit demands can create extra-contractual risk for insurers. The deadline may be short, or the demands unreasonable or purposefully vague, set- ting carriers up for bad-faith claims from insureds if they reject the offer or fail to fulfill the terms completely or on time. These demands also create potential mal- practice exposure for lawyers, especially if carriers take a hands-off approach and essentially outsource their response to law firms. “The professional li- ability risk for attorneys is that many carriers are asking panel firms to respond to time-limit demands. In some states, this is fairly simple to do. In other states, courts are requiring mirror-image acceptances to the de- mand. These demands are coming with literally dozens of small and seemingly insignificant details that have to be com- plied with. A small failure by the firm to comply with a seemingly immaterial term may open the firm to a claim. We have seen some LPL carriers specifically request information on the firm’s work on time-limit demands when under- writing the risk,” Keister says. Speakers will also discuss legisla- tive trends that may help to reduce the exposure. “In most states, the trend is a poor one for the industry,” says Keister. "A few states have enacted reform or have had positive case law…but in the vast majority of states, we have seen the practice become more prevalent and dangerous." Without much help from legisla- tion, how should claims profession- als and attorneys respond to these demands to satisfy the best interests of the client without opening themselves up to additional risk? The speakers will outline best practices. “As this is a rising issue in our industry that may affect carriers, policyholders, and counsel, we want attendees to be up to date on the latest trends and recent case law in certain jurisdictions,” he says. “We are hoping to have a great conversation about specific strategies and risk avoidance measures that carriers and their law firm partners have implemented to address these rising dangers.” For more information, head to Yerba Buena Ballroom 14-15, Lower B2 Level at 3:30pm. A version of this article originally appeared in Risk & Insurance. i JD Keister Kirsten MickelsonCatherine LyleDale SchulenbergKEY SPONSORSHIP OPPORTUNITIES AVAILABLE: Sponsorship@TheCLM.org ALL OTHER QUESTIONS: Help@TheCLM.org CONFERENCE CONSTRUCTION BUILD THIS INTO YOUR 2024 CALENDAR SEPTEMBER 18-20 WATERFRONT BEACH RESORT IN HUNTINGTON BEACH, CA SESSION PROPOSALS DUE APRIL 12 AT 11:59 PM ETSAN FRANCISCO MARRIOTT MARQUIS | WWW.THECLM.ORG | #CLM2024 PAGE 14 // WEDNESDAY, APRIL 3, 2024 CLM DAILY NEWS Instead, litigation management refers to a multi-faceted approach that incorporates a variety of actions with the goal of handling and overseeing claims-related litigation to achieve successful results on both indemnity and expenses. At a minimum, a comprehensive litigation management program in- cludes aspects of each of the following: • Defining success. • Determining who in a claim orga- nization handles litigated claims and ensuring appropriate knowl- edge of the litigation process. • Establishing litigation manage- ment guidelines that drive deci- sion-making for both claims and counsel and focus on achieving results consistent with how success is defined in that organization. • Usage, identification, selection, and retention of in-house and external claims and litigation counsel. • Usage, or not, of budgeting, billing guidelines, and any legal bill auditing. • Identification, usage, and analysis of KPIs, and sharing that informa- tion “across the aisle.” So how can CLM help? As the organization that brings claims and legal together, I’m very excited to announce the formation of the 2024 Litigation Management Task Force. While what determines litigation suc- cess varies across carri- ers, we be- lieve that the foundational principles of litiga- tion handling can—and should—be agreed to across our industry. This group of managing attorneys and claims/litigation management executives will initially define these principles. If you are a managing attorney or a chief claims officer or a chief litigation (management) officer, scan the QR code to let us know that you’re interested in participating on this working task force. 3 Ronna Ruppelt, CLM CEO E Purpose, continued from page 1 VP PARTNERSHIPS Jeremy Campbell SENIOR ACCOUNT EXECUTIVE Laurel Metz ACCOUNT EXECUTIVE Megan Josd DAILY NEWS EDITORS Phil Gusman Angela Sabarese Fran Clark ART DIRECTOR Jason T. Williams PUBLISHED BY CLM www.TheCLM.org see when our Phenoms share their stories on stage.” CLM Magazine began recogniz- ing the “Phenoms Under 40” in 2022, Gusman continues, “and the idea was simple: identify and recognize young talent in the industry that can be held up as examples and inspiration for others to follow. I had the pleasure of interviewing several of the Phenoms Under 40 both this year and last, and I am amazed not just by how talented they are at their jobs, but also how involved they are in their communities and how dedicated they are to lifting up their fellow professionals.” Gusman feels passionate about giving the Phenoms their space to shine. “I believe there are many benefits to having our Phenoms Under 40 on the stage at the Annual Conference,” he says. “For one, I think their tips and advice for success will really resonate with other young professionals in the audience who are trying to establish their own careers. In addition, it’s always beneficial for more experienced attendees to hear the ideas and perspectives of talented young professionals. And finally, we feel it’s nice to extend the recognition of these deserving Phenoms beyond the pages of CLM Magazine. They are extraordinary professionals who deserve their moment at the Annual Conference.” The session will take place in a Q&A format, with each Phenom having the chance to answer questions related to their career and interests. “Much to their credit, the Phenoms asked that the questions be less fo- cused on their individual accomplish- ments, and more focused on lessons they have learned from their experienc- es that other professionals can benefit from,” concludes Gusman. For more on these phenomenal young profes- sionals, plan to attend today’s premier session in Yerba Buena Ballroom 7-9, Lower B2 Level at 12pm. i E Phenoms, continued from page 1Manage legal expenses, improve litigation outcomes DXC Assure Legal Insights helps you mitigate risk and control costs with a flexible, easy-to-use legal spend benchmarking tool and complete, straightforward judicial analytics — all in one. •View aggregated claims litigation data metrics and benchmarking, for superior performance evaluation/comparison/assessment. •Access the largest U.S. state court database: 1,800+ state courts reported, 40+ million court cases. •Compare aggregated counsel rates by LOB, state and litigation phase. Stop by the DXC Technology table at CLM or visitdxc.com/legalinsights. Legal benchmarking data + judicial analytics with DXC Assure Legal InsightsDELIVERING COST EFFECTIVE OUTCOMES, HIGH QUALITY DOCUMENTATION, AND TECH ENABLED SOLUTIONS Document Preparation Pages Processed in 12 Months 270M+ 15.7M+ Lines of IME Transcription Processed in 12 Months Average Turnaround Time for Files up to 2000 pages 10Hrs www.aquitysolutions.cominfo@aquitysolutions.com Document Indexing and Sorting Medical Summarization Medical & Billing Reconciliation IME and Legal Transcription Gen AI + Human-in-the-Loop SolutionsNext >