CLM Show Daily Thursday, March 30, 2017

GAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HVILLE , TN | WW W. T H E C L M . ORG T H U R SDAY, MA R C H 3 0 , 20 1 7Excellence Welcome to Music City!On Stage O n behalf of CLM’s Advisory Board,YBy Eric Gilkey the Annual Conference planning We’re excited to kick off this morning’s esterday’s grand kickoff to CLM’s committee, and the CLM staff, events with a panel of top claims executives 10th annual conference began appro- I would like to welcome you to who will be sharing the stage together for the priately enough on country music’s Nashville and CLM’s 10th Annual Conference. first time. These industry leaders will look to the most famous stage, the Grand Ole We’ve put together one of the biggest and best con- future of the industry and what companies andOpry, where four awards honoring top profession- ferences in our history. I’m confident you’re going professionals must do to remain competitive to make new connections, learn, and have fun. and successful. Tomorrow morning, we’ll startals in CLM’s organization were presented. the day with a panel discussion on emerging Like all CLM technologies and their impact on our industry.Accepting CLM’s lifetime conferences, this is not a “sit in the back This fantastic Annual Conference wouldn’t beachievement award was Cun- of the room” kind of possible without the support of our sponsors. Please event. Our roundtable be sure to connect with them and thank them forningham Lindsey CEO Jane sessions are designed to their support of our industry and the CLM. be interactive—you’reTutoki. The award, sponsored encouraged to share My challenge to you during the next two your experiences, ask days is to break outside of your comfort zone.by Wood, Smith, Henning & questions, and learn Don’t just sit with and talk to people you know. from those around Reach out and make new connections. I hearBerman, recognizes a long-time you. With 22 different from people all of the time who later do business tracks spanning ADR with or consult with someone whom they met atindustry professional who has to Workers’ Compensation (and everything in a CLM event. Take this tremendous opportunity between), there are plenty of educational sessions to expand your network, and enjoy the show! Kmade a lasting impact on the Jane Tutoki guaranteed to align with the work you do. Adam Potterindustry. During his announce- CLM Chief Executive Officerment, CLM Chief Executive Officer Adam Potternoted that Tutoki’s work reflected “a strong,compassionate leader who spends significanttime mentoring women and promoting diversity,helping to bring a more diverse population to theexecutive levels in our industry.”In addition to the lifetime achievementaward, CLM also announced the winners of its Jerry Hamilton (Hamilton, Miller & Birthisel); Robey (Bar-S Foods Co.). Jennifer Oxman (Lewis Brisbois Bisgaard & Smith);professionals of the year awards in three cat- and Robert Ryder (Wolfe & Wyman). Lastly, Lisa Unger acceptedegories: outside counsel, litigation, and claims Next, Caryn Siebert was the claims management profes- named CLM’s litigation profes-management. All three awards were sponsored by sional of the year. Siebert is vice sional of the year award. Unger president and head of claims forWilson Elser Moskowitz Edelman & Dicker LLP. Knight Insurance Group, having is senior claims examiner for previously served in executiveAngela Kopet accepted the positions at Carl Warren & Co., Markel Service Inc., and was Safeco, and Crum & Forster. In Caryn Siebertoutside counsel professional of the her nomination letter, she is de- described by her nominee as a scribed as “a fierce advocate for the industry andyear award. Kopet is managing is genuinely concerned with the current state and leader not only in the industry, future of the insurance claims profession.” Otherattorney at Carlock, Copeland, nominees for litigation professional of the year but also at her company. That Lisa Unger included Mike Cronin (Westfield Group); Eileenand Stair, and is an active member Jenkins (Tristar Risk Management); and Shawnae leadership quality translates to herof CLM. She frequently presents at service at CLM, where she has helmed the Louisi-CLM’s annual and regional events, ana Chapter for the last three years in addition toand she has served as a faculty Angela Kopet serving as co-chair for the ADR Committee as well asmember for Claims College for the several other subcommittee roles. Other nominees forlast two years.Additionally, she has provided on-site claims management professional of the year includedtraining for many CLM adjuster training courses as Veronica Bundt (Pinnacol Assurance); Mitchellwell as training for firm clients. Other nominees for Dane-Henry (Retail Properties of America Inc.); andoutside counsel professional of the year included Todd Schweitzer (Zurich North America). KGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

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CLM DAILY NEWS THURSDAY, MARCH 30, 2017 // PAGE 3THURSDAY, MARCH 30Schedule at a Glance7:30am–8:30am 11:10am–11:30am 12:30pm-2:00pm Workplace Challenges of Truck Accident Claims andBreakfast, E1 (Wilson Elser) Refreshment Break Lunch Privacy, Social Media and Litigation—Are You Prepared Technology Issues for What’s Coming Down the8:30am–9:45am 11:30am-12:30pm 2:00pm–3:00pm D5 (Melchiode Marks King) Road?Premier Panel: CONCURRENT SESSIONS 2 CONCURRENT SESSIONS 3 B2 (CASE Forensics)Claims Industry Leaders 3:00pm–3:25pmE1 (Wilson Elser) Civil Unrest and the Role of The Ins and Outs of SIRS and Refreshment Break 4:35pm–5:35pm the Municipality in Defending Deductibles COMMITTEE MEETINGS9:45am–10:10am Claims B6 (Judicate West) 3:25pm–4:25pmRefreshment Break B7 (Kalbaugh Pfund & CONCURRENT SESSIONS 4 Alternative Dispute Messersmith) Defending Claims Against Resolution10:10am– 11:10am Professionals Who Occupy Avoiding the Risk of B1 (Atkinson-Baker CourtCONCURRENT SESSIONS 1 Five Key Disciplines for Multiple Roles Competing Claims Reporters) Creating Excellent Metrics B1 (Atkinson-Baker Court B10 (Litigation ManagementAssumption of Risk at Sporting A3 (Your House Counsel) Reporters) Inc.) ConstructionVenues and Events B2 (CASE Forensics)A1 (Stuart, Maue, Mitchell & Cyber Claims and Coverage Better Control Your Legal Spend Retaining and LeveragingJames) Update Using Data You Already Have! Millennial Talent eDiscovery and ESI B9 (Kroll Advisory Solutions) D1 (Alan Gray) D4 (Troutman Sanders) B3 (CSC)Death with Dignity—AnAnalysis of the Future Impact Deciding Whether to Jump Developing Contract- Can Declaratory Judgment Environmental and Toxicon Litigation Into the Ring of Fire or Just Dependent CGL Coverages for Actions Deter Fraudulent Claims? TortD2 (Authentic 4D) Walk Away Named and Additional Insureds B3 (CSC) B4 (Engles, Ketcham, Olson & A1 (Stuart, Maue, Mitchell & B5 (J.S. Held) Keith)Demystifying the Breach James) Tackling the Business Risks fromB10 (Litigation Management Inc.) Emerging Product Risks and a Cyber Attack Extra-Contractual Liability, Risk, and Regulatory the Inevitable Collision with B9 (Kroll Advisory Solutions) B5 (J.S. Held)Insurance and Medical Concerns of the Automated CybersecurityMarijuana in 2017 Delivery Vehicle D3 (Butler Weihmuller Katz Data Analytics—Drilling Down Insurance CoverageD6 (Roig Lawyers) D4 (Troutman Sanders) Craig) on the Trends that Matter B6 (Judicate West) A1 (Stuart, Maue, Mitchell &Law Enforcement Liability Legacy Emerging Claims and Coverage Evolving Claims Management James) Insurance FraudIssue and the Long View Issues Under Pollution and Best Practices Through B7 (Kalbaugh Pfund &B4 (Engles, Ketcham, Olson & Environmental Liability Policies Predictive Modeling Drones are Changing the Messersmith)Keith) B6 (Judicate West) D4 (Troutman Sanders) Game in the Construction and Insurance Realms Management & ProfessionalMajor Issues that Arise when Employee and Third Party How to Use the Billing Process D3 (Butler Weihmuller Katz LiabilityHandling Minors’ Claims Claims—Accommodations for to Improve the Client/Counsel Craig) B10 (Litigation Management Inc.)B8 (Kelley Kronenberg) Transgender Citizens Relationship D2 (Authentic 4D) B4 (Engles, Ketcham, Olson & Ethical Issues Presented Municipal LawPreventing Water Restoration Keith) in Hiring and Managing a B8 (Kelley Kronenberg)Contractors from Soaking the Ideas for the Future—The Millennial WorkforceInsurer Corporate and Insurance Client Institutional Bad Faith Claims— D2 (Authentic 4D) Product LiabilityB3 (CSC) Relationship How to Avoid and Defend Against B9 (Kroll Advisory Solutions) A2 (Transcend Services) B10 (Litigation Management Successful Litigation StrategiesDealing with Difficult Inc.) with Non-Standard Policy Limits PropertyProfessionals as Insureds/Clients Legal Malpractice at a B5 (J.S. Held) D5 (Melchiode Marks King)D5 (Melchiode Marks King) Crossroads? The Looming Moving Beyond Diversity and Threats Toward Inclusion in the Legal Hiring and Managing Outside Religious & Non-ProfitChallenges Faced by Non- D5 (Melchiode Marks King) Industry Experts in Catastrophic Injury D6 (Roig Lawyers)Traditional Work Environments B7 (Kalbaugh Pfund & and Damages CasesA2 (Transcend Services) How to Manage Organizational Messersmith) A3 (Your House Counsel) Subrogation Change A2 (Transcend Services)The Glass Ceiling—Does it Still B8 (Kelley Kronenberg) Marijuana in the Mainstream— How the Sharing Economy isExist in the Workplace? Implications for Claims and Complicating Claims and Coverage TransportationD3 (Butler Weihmuller Katz Preparing for Corporate Litigation B6 (Judicate West) A3 (Your House Counsel)Craig) Representative Testimony A1 (Stuart, Maue, Mitchell & B5 (J.S. Held) James) Informed Consent in the Workers’ CompensationThe Law of Bad Faith Has Digital Age Delta Island BGone Off Track Strategies for Taking the Offensive Balancing the Interests of the B1 (Atkinson-Baker CourtD1 (Alan Gray) B3 (CSC) Insured and Insurer When Exit Reporters) 6:00pm–10:00pm Strategies Are At Odds Dinner & CLM Music FestivalManaging Potentially Jury Verdicts Against Religious A2 (Transcend Services) Insurance Fraud: Dealing More Pub District (Franco Signor/Catastrophic Exposures in and Non-Profit Organizations Effectively with Bad Behavior Callahan Fusco/CoventBridge)D&O Claims D6 (Roig Lawyers) Social Engineering, Phishing, B7 (Kalbaugh Pfund &B1 (Atkinson-Baker Court and the Maze of ADA Website Messersmith)Reporters) Taking Cases to Trial—Have Requirements Insurers Become Risk-Averse? D2 (Authentic 4D) The Role Mental Health PlaysTrends & Topics in Cargo Theft B2 (CASE Forensics) in Recovery from Injury andB9 (Kroll Advisory Solutions) Successful Mediation Return to Work The Evolving Joint Strategies for Transportation D6 (Roig Lawyers)Think You’ve Completed Your Employment Rule and its ProfessionalsMedical Puzzle? Effect on the Franchisee/ B2 (CASE Forensics) A Risk Manager’s Recipe toB7 (Kalbaugh Pfund & Franchisor Relationship Restaurant LiabilityMessersmith) B1 (Atkinson-Baker Court The Affordable Care Act—A A2 (Transcend Services) Reporters) Better Way to Argue anUser’s Guide to Data Breach Alternative Damage Award? Making Insurance CompanyHandling The Insurer’s Duty to Settle A3 (Your House Counsel) Acquisitions/CombinationsD4 (Troutman Sanders) Third-Party Liability Claims Work for Carriers, Insureds, and D1 (Alan Gray) The Post-Spokeo World of CounselAn Analysis of the Effects Article III Standing — Where D1 (Alan Gray)of “Country”-Wide Litigation The Future of Best Practice for Are the Courts Headed andGuidelines Counsel and Claims Implications for Insurers How Reinsurance Responds toA3 (Your House Counsel) D3 (Butler Weihmuller Katz B9 (Kroll Advisory Solutions) Page One News Craig) B8 (Kelley Kronenberg)Exposure in Third Party Claims Effective Strategies DesignedLitigation for Actions of a The Psychology of a Plaintiff to Reduce Medical Expenses The Cyber Insurance BrokerThird Party Attorney and How 3-D Imaging B3 (CSC) ConundrumB5 (J.S. Held) Is Transforming the Litigation D5 (Melchiode Marks King) Landscape What Is Right with Workers’Why Small Fires Become Big B10 (Litigation Management Inc.) Compensation The Effort to Expand DesignFires: Effective Strategies D6 (Roig Lawyers) Professionals’ Liability—Afor Developing Fire Spread Tips and Tricks for Achieving Threat to the Standard of CareRecoveries Early Resolution of Working with Umbrella and and Availability of Coverage?B6 (Judicate West) Construction Defect Cases Excess Coverage to Manage B4 (Engles, Ketcham, Olson & B4 (Engles, Ketcham, Olson & the Large Claim Keith)Wrap It Up! Who Participates Keith) B8 (Kelley Kronenberg)and When?B2 (CASE Forensics)GAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

PAGE 4 // THURSDAY, MARCH 30, 2017 CLM DAILY NEWSA Premier StartBy Eric Gilkey session is sure to “WOW” attendees as the panel working with the newest generation and how allT his morning’s premier panel fea- shares their insights on several intriguing topics the generations of workers interact. turing claims leaders from insurers including some industry predictions, which I think and top third party administrators will be especially interesting given the new Trump Why is it important to include a mix of TPA promises to deliver a perspective that administration and all the uncertainty it brings. leaders and insurer chief claims officers?is perfect for kicking off a full Perspective is everything! The CLM is and alwaysday of education and interac- Who will moderate the panel? has been dedicated to collaboration, dialogue, andtivity. It takes place this morn- Nick Conca, chief claims officer of Markel, is understanding others’ viewpoints. Chief claimsing at 8:30am in E1 (Wilson moderating. Conca is high energy and direct, so officers are differently positioned in the industryElser). I expect him to pepper the panel with questions from TPAs, so it is great that these folks are going that will spark good conversation. I also would to share their views with us. What can attendees expect expect him to have a few good one-liners toto hear about? We asked CLM entertain us all. Is there one thing you hope attendees willEducation Chairperson Anne leave the room knowing?Blume five questions to find out. Anne Blume We hear so much about data, but few really talk about how it is they go about using it. This panelYou only get one chance to make a first What specific topics will they cover? will speak to data usage on the larger scale, whichimpression. What kind of impression will The panel will address key points in technology we hope will entice the audience to attend some ofthis session make on attendees as the first and how that is impacting the industry not only the roundtable and panel sessions that also addresseducational panel of the day? from a risk perspective (i.e., drones and driverless what is being done with data. Years ago, peopleThe premier session sets the tone for the entire cars), but also from a claims handling perspective, complained,“Oh, the metrics!” and they held theirconference and really gives the big picture over- such as the impact that data science has on insur- noses when they said it. There’s no hiding from itview of what’s going on in the industry. Important er risk tolerance and decision making. They also now. Data is here to stay, so it is really important toto the conference, the topics discussed reflect the will discuss talent acquisition and talent manage- embrace it or, at the very least, understand it. Keducational content of the roundtable and panel ment, which is an area of interest to us all as webreakout sessions for the next few days. This share the common thread of understanding andHow Social Media and TechnologyAre Changing Everything from theWorkplace to LanguageBy Bevrlee J. LipsI n December 2016, a Sanjay Bansal, Kevin Fish- interpretation of new avenues London-based lan- guage firm advertised er, Gwendolyn Larkin, and for communicating, such as for an emoji translatorposition, likely the first of its Pamela Woodside will take “Currently, courts the use of emoji and emoti-kind. This is not too surprising a look at the evolving use of are struggling cons, will also be covered.considering fully 92 percent technology in the workplace, to deal with theof all people online use emoji Pamela Woodside its role in communications, “Currently, courts arenow and one-third do so daily, struggling to deal with theaccording to Wired. But how does this translateinto the world of claims and litigation, and how and its impact on employ- interpretation of interpretation of emoji imagedoes one get up to speed on what seems to be a ment issues as well as its emoji image use use and intent,” says Wood-crazy new area for consideration? potential use and evidentiary and intent,” says side. “For example, an alleged value in legal proceedings. harassment victim may say, That’s where today’s session, “Zen and theArt of Emoji Law – Workplace Challenges of The session will cover Woodside. ‘This smiley face indicatesPrivacy, Social Media, and Technology Issues,” not only social media issues, that the person is getting acomes to the rescue. Held in D5 (sponsored byMelchiode Marks King) at 2:00pm, presenters but also privacy issues, wire- sick thrill out of harassing me. less devices, and employee They’re intending to harass and employer privacy expectations, including me.’ Whereas the person sending the message implications for insurance carriers and claims says, ‘No, my smiley face indicates that I am, professionals in dealing with cases involving new technology. Recent case law involving the Social Media, continued on page 6 EGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

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PAGE 6 // THURSDAY, MARCH 30, 2017 CLM DAILY NEWSSpectatorSESSIONPREVIEW Injury and Assumption ofRisk Is a Whole New BallgameBy Bevrlee J. LipsT o the delight of millions of fans, April 2 marks opening dayfor the 2017 Major LeagueBaseball (MLB) season.Thousands will wait glove-in-hand for a chance to snag Johan Obregonfoul balls and get them signedby their beloved players.However, there’s another sideto America’s favorite pastime.An estimated 53,000 foulballs, which travel as fast as100 mph, fly up into the spec-tator seats during the season.According to a Bloomberg Laura Zehnerstudy, 1,750 fans per year areinjured by baseballs at MLB games, and thesearen’t the only sporting events where spectators people’s views,” says Zehner. “For example, big that drive the verdict and damages. sports towns are going to be more favorable to Next, you will want to look at types of ju-are at risk for injury. But who assumes that risk? a defendant because a lot of people go to games, are very serious fans, and get annoyed by people rors. If they are not sports types, there are differ-In today’s session, “Assumption of Risk at who aren’t paying attention to the game.” ent types of jurors who likely will be favorable to you. For example, people who are outdoorsy,Sporting Venues and Events,” presenters Lance Next, you want to look at the victim. One like to take risks, and are more adventurous will thing jurors always look at is how innocent the be better for a defendant than a plaintiff.Albright, Joe Busher, Johan Obregon, and Laura victim is. If the victim is a child or an elderly person, as opposed to someone who attends a To get a better grasp on how to approachZehner will look at how to develop cases arising lot of games or is a big fan who should know assumption of risk at sporting events, be sure better, that will play into the kinds of things to head to A1 (sponsored by Stuart, Maue,from sporting events starting with discovery Mitchell & James) at 10:10am. K E Social Media, continued from page 4all the way through to a possible jury decision. to know because not every jurisdiction is going in fact, actually joking and I am not intending to give you carte blanche.Much will depend on the venue and the victim. to harass the person.’ Judges and juries will be tasked to come up with the interpretation in the Additionally, there are some startling statis-“It’s not really widely publicized, but there future. Whose interpretation do you believe? tics on how much paper you can generate during They must give an interpretation to the entire litigation versus once a case goes to trial. Whenare numerous injuries at baseball games and line of text, including these images—how are you’re talking about a cost-benefit analysis of they going to do that?” trying to pursue social media, it’s going to get veryhockey games in the stadium seating where a ball, costly—if you can get a judge who will even allow Another layer that must be examined is cases you to engage in that sort of fishing expedition.broken bat, or puck flies into the stands and hits where an innocuous object or emoji is used with an intended secondary meaning as a means of getting “Everyone, no matter what your practicea patron who either isn’t paying attention or is away with harassment and what happens when you area, is going to have to deal with this issue at append simple language with an emoji that causes some point,” says Woodside. “We’re going topaying attention and can’t react quickly enough,” an unintended impression or interpretation. go through some of the laws, what courts are allowing, and what courts are not allowing tosays Obregon. “They’re not barred from bringing The session will deal not only with this new get a foundation set.” “language” and interpreting intent, but also pri-suit, but when they bring suit, a common defense vacy issues and how to access this information. To get the jump on new technologies and There are rules and guidelines that people need emoji law, be sure to head to D5 (sponsoredis that they assumed the risk of participating and by Melchiode Marks King) at 2:00pm. Have a great session. Kshould have been aware of the associated risks.”In the session, the presenters will lookat related statutes and what applies to thebeginning of a case. There is a good chance ofa case getting dismissed because there are manylaws that are favorable to defendants in termsof assumption of risk. However, when you getto trial, what is the jury going to look like, andhow is that going to affect the case?The first thing to do is evaluate the venue.“When you are talking about assumption ofrisk, it’s going to be fairly dependent upon thevenue because there are different cultures indifferent parts of the country that will frameGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

CLM DAILY NEWS THURSDAY, MARCH 30, 2017 // PAGE 7The MinefieldSESSION PREVIEW of MakingAcquisitions WorkBy Eric Gilkey says Dion Cominos, Gor- everyone can learn something valuable aboutW hether it’s to boost their bot- mergers and how to make them work. Cominos tom lines or create new ave- don & Rees, who is joined says he hopes attendees leave having learned at nues of growth, it’s clear that least two things. companies across the nation— on the panel by Sedgwick’sand insurers, specifically—have merger fervor. “The first is a better understanding as toBusiness Insurance cites a Conning & Co. study Darrell Brown, York’s Lucy what is driving consolidation and where theyin a March 2016 article that says, “the aggre- can expect to see this trend moving in the nextgate value of M&A deals increased to $39.6 Ann Galioto, Tokio Marine few years,” says Cominos. “Second is to trybillion in 2015 from $6.7 billion in 2014, driv- to help the businesses that have consolidateden by several large transactions, including Ace HCC’s Stefano Minale, and achieve the objectives of the merger by commu-Ltd. and Chubb Corp.’s deal.” nicating well and working together to streamline Andros Risk Services’ Larry operations. In the end, it’s all about ensuring Against these high monetary stakes and that the objectives that the acquiring companymonumental odds—failure rates are estimated Dion Cominos Goanos, who will moderate set out to achieve via the consolidation processto be between 70 and 90 percent—what can the panel. “You have to spend are being accomplished and how all of theinsurers do to help ensure success? For starters, parties in the relationship can work together tothey can attend today’s session entitled, “Mak- a lot of time making sure that your systems make sure that happens.”ing Insurance Company Acquisitions/Combina-tions Work for Carriers, Insureds, and Counsel.” are compatible, that culturally everyone is To hear more, head to D1 (sponsored by Alan Gray) at 3:25pm. K “It’s tough to pull these integrations off,” on the same page, and that you have thought through what lines of business will continue to be pursued, how they are going to merge, where underwriting will take place, and how claims will be handled.” It’s a process that touches everybody in the claims world, whether they are a TPA, carri- er, law firm, or broker. As a result, just about WE BELIEVE IN DOING DEPOSITIONS ONE WAY. THE RIGHT WAY. With 40+ locations across the country and complete international coverage, we’llget your deposition right anywhere from Cairo, Egypt, to Cairo, Georgia. For you, it’s less stress. And a better approach to deposition management means abetter outcome for your case. Come see how we do depositions differently. [email protected] | www.esquiresolutions.com | 800.211.DEPOGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

PAGE 8 // THURSDAY, MARCH 30, 2017 CLM DAILY NEWSKeepingSESSIONPREVIEW Up with the Use of Drones inInsurance and Construction ClaimsBy Bevrlee J. Lips “It’s really important for have cameras on them,” saysI f Superman were to fly over a metropolis folks to attend because drones today, no one would speculate on if it are becoming part of our McCune. were a bird or a plane. Instead, they like- daily lives in so many differ- ly would assume that an unknown flying ent ways,” says McMurtry. Attendees will leave with aobject was just a drone. Why? Because drones “There also are some generalare everywhere these days. areas regarding risk allocation, strong theoretical understand- contract issues, how drones are Zachary Last year, the Federal Aviation Administra- used, who uses them, and who McCune ing of the source of claims thattion (FAA) projected that hobbyist drone use is responsible in the event thatwould grow from 1.9 million in 2016 to about something goes wrong.” could flow from drone use, what4.3 million by 2020. For commercial drones,growth is expected to go from 600,000 in 2016 Insurance policies in the past weren’t set up they should expect over the nextto 2.7 million by 2020. That means the total to appropriately deal with the new types of expo-expected drone use is expected to rise to 7 million sures that come from drone use. A lot of insur- Sarannah year or two, and what carriersfrom 2.5 million in just four years. ance companies have taken steps to address these McMurtry are doing right now to prepare. issues with new endorsements. ISO has come With that kind of increase, it’s no wonder out with some of its own endorsement forms to “There really haven’t beenthat the presenters of today’s session, “Drones specifically deal with drones, to get them out ofAre Changing the Game in the Construction and some of the exclusions that would be in the main a lot of drone claims that have come in and haveInsurance Realms,” say that now is a good time body of a traditional commercial general labilityto get up to speed on the implications of un- policy due to the typical aircraft exclusion, and to been litigated based upon policy language so thatmanned aerial vehicle use and related insurance limit the potential liability that could arise.coverages, claims investigations, and litigation. we can say, ‘Yes, the court will uphold your aircraftPresenters of this session—Ed Bowman, Rose- “It’s not hard to imagine the types of claimsann Coughlin, Zachary McCune, and Sarannah that could come up, including something as simple exclusion’ or ‘It will uphold it in the context of thisMcMurtry—will seek to bring attendees up to as a package being dropped on someone, a collisiondate on drones and their effect on the insurance with an aircraft or somebody else’s property, or the part of the policy, but it’s not going to uphold it onindustry, especially as it applies to the construc- invasion of privacy because almost all of these dronestion industry. this other part where there is a trespass or invasion of privacy,’” says McCune. Now is a good point in time to get an update since there has been some clarification from the FAA and there are a few cases starting to move through the court system, but the industry is still in front of the huge influx of drone-related insurance claims anticipated in the next two to three years. To get up to speed on drones, FAA guidelines and regulations, commercial use, and construction implications, head to D3 (sponsored by Butler Weihmuller Katz Craig) at 3:25pm. KHow toSESSION PREVIEW Survive and Thrive AmidstConstant Organizational ChangeBy Bevrlee J. Lips“L ife is flux,” changes or find another place for their talents. person leaves, or your mentor retires, where according In today’s session, “Navigating the Shoals– are you left and what do you do besides leave? to Greek Leaving is always an easy option, but if you philosopher How to Manage Organizational Change,” an want to stay, how do you adapt? If you have toHeraclitus. Put another way, experienced panel of claims professionals and leave because you’ve become redundant, how do counsel from a diverse group of backgrounds will you prepare so that in the future you’re alwayschange is the only constant lend guidance and wisdom from their personal in demand? encounters in managing organizational changein life. Those in the insurance and share how to always come out on top. “There have been trends and fluctuations that we’ve all had to navigate while we striveindustry know this very well, Alan Freisleben The marketplace is consolidating, and that to continue to earn a living, raise families, buyespecially after several years of impacts jobs. Sometimes it creates opportunity, houses, and put children through school,” says and sometimes its creates layoffs, so peopleunprecedented mergers and acquisitions. Add change careers and change focus. When new Change, continued on page 10 E management comes in, a merger happens, a keyto M&A activity the velocity of technologicalchange and you have the marketplace thatrequires people to either stay on top of theseGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

CLM DAILY NEWS THURSDAY, MARCH 30, 2017 // PAGE 9Day One: Giving Back and Giving Your AllCLM members and fellows took part in community service efforts throughout Nashville, a 5k, tennis tournament, and a golf outing.GAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

PAGE 10 // THURSDAY, MARCH 30, 2017 CLM DAILY NEWSGenerationalSESSIONPREVIEW Reflections on theGlass CeilingBy Eric GilkeyI f you are looking to “I didn’t want to just have a standard ‘glass positions, then offering some approaches or rec- avoid spoilers to the question posed in ceiling’ session because I know that women have ommendations for resolution that could establish today’s session entitled, different opinions and experiences regarding or lead a change. The panelists also will share it,” says Kopet. “I thought a creative way to the experiences that they have had during their“The Glass Ceiling—Does it approach it was to fill the panel with different careers, and we’ll invite the audience to do theStill Exist in the Workplace?” generations, so we have a millennial, a baby same.”then stop reading right now boomer, and a member from Generation X. One thing Kopet makes clear is that the ses-because, unsurprisingly, the Angela Kopet These different generations sion is meant to be inclusivequestion is meant to be read have different thoughts on “I thought a creative so as to be educational for all.rhetorically rather than literally. But that’s not the degree to which the glass “I’m hoping for a mixture ceiling exists and what can be way to approach it was of both women and men,” sheto say there isn’t anything being done about done to break it.” to fill the panel with says.“I think that women willbreaking down barricades for women. Kopet says common different generations, be interested in the perspectives barriers that women face can“I feel that there are barriers that still exist be family related, but also it can simply be the way thatwithin corporations, but I think that organiza- so we have a being offered, and they will have millennial, a baby the chance to voice their owntions are working hard to figure out ways to of- viewpoints and conclusions onfer solutions and opportunities for resolving anytype of barrier that exists,” says Angela Kopet, women react differently than boomer, and a member what barriers may or may notmanaging attorney at Carlock, Copeland, and men in the workplace. The from Generation X,” be out there. Additionally, I’m panel will come to the session hoping that men will be there,Stair LLP’s Tennessee office. She also will serve says Kopet.as moderator and active participant for today’s armed with statistics and too, because I think that somepanel discussion. charts showing the differences of the information being sharedOther panelists include Lucy Ann Galioto from between men and women in the workforce. Ko- could not only be helpful in terms of implemen-York, Amanda Gann from QBE, Marcia Nigro of pet hopes the combination of personal experi- tation, but also make them aware of the potentialSedgwick, and Hina Shah from Old Republic Con- ences combined with quantitative data will give issues that women face in their organizations.”tractors Insurance. They reflect not only a variety attendees insights into the issues that women To learn more, go to D3 (sponsored byof professional backgrounds, but also generational face in the workplace. Butler Weihmuller Katz Craig) at 10:10am,differences, a quality that promises to deliver a “We plan on discussing some of the factors immediately following this morning’s premierdiversity of opinions and unique viewpoints. that prevent women from rising to executive panel session. KE Change, continued from page 8 going to happen,” says Freisleben. “It’s decided Executive Group Publisher at the highest levels, so you need to figure out Harry Rosenthalpresenter Alan Freisleben, of the Freisleben Law how to fit in or not.”Group. “The panel will address those changes Publisherand get people thinking about what they need to This session is expected to elicit a high Bryan Piferdo to have basic job survival skills and more.” level of audience participation and exchange of thought. The interaction makes the session that Daily News Editors Freisleben is joined by his diversely experi- much richer as participant questions drive shar- Eric Gilkeyenced fellow presenters Adam Doherty, Marga- ing, and sharing opens up new levels of thoughtret Erife, Jeanette Hernandez, and Tom Moss. in preparing for the future. Bevrlee J. Lips“We’re all going to talk about how change hasimpacted us and the things we’ve picked up “The pace of change is constant and Art Directorthat attendees need to be aware of to manage seems to be accelerating,” says Freisleben. “I Jason T. Williamschange,” says Freisleben. think that everybody needs to have this in the back of their minds: What skills do you have, Published by The session will cover why you must have how do you market yourself if you find the CLMan idea of who you are, where you’re going, sudden need to, what is your personal plan forwhat your skills are, and what skills you need. survival, and what is your personal plan for www.TheCLM.orgFor example, when companies changed from thriving?”paper files to electronic files on the claims side,a lot of people had difficulty mastering that To make sure you thrive amidst the inev-change. “If you’re resistant to change, then itable changes that will come your way in theyou’re going to be roadkill because change is future, head to B8 (sponsored by Kelley Kronen- berg) at 11:30am. KGAYLORD OPRYLAND RESORT & CONV E NTION CE NTE R | NAS HV ILLE , TN | WW W. T H E C L M . ORG

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