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TheCLM.org

FURTHERING THE HIGHEST STANDARDS OF CLAIMS AND LITIGATION MANAGEMENT

2020MEDIA KIT

TheCLM.org | CLMMag.theclm.org



MARCH 2019

The Blame Game: #MeToo Edition

Speaking to the Next Generation

Stopping Workplace Violence in Its Tracks

Insuring Medical Devices Against Cyberattacks

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CLM Magazine is the flagship publication of the Claims & Litigation Management (CLM) Alliance. It covers the trends and topics of interest

to professionals responsible for the cost-effective resolution of property and casualty claims: risk and litigation managers, insurance and claims

professionals, corporate counsel, outside counsel, and claims services providers.

Drawing upon the CLM’s vast network of member firms and fellows as contributors provides CLM Magazine with unparalleled access to expert

commentary and analysis. This means the editorial team can offer readers information directly from their peers about the issues that affect them the

most, and provide them with strategies and information to achieve better results. In other words: It’s a publication for CLM members and fellows,

created by CLM members and fellows.

Claims litigation is a critical issue of importance in the resolution process. Readers gain insights on how recent court decisions could influence their

business and the industry, trends in litigation to keep in focus, and awareness of the regulatory and compliance issues that matter to them. CLM Magazine

is the best source of the information readers need to further enhance the relationship between insurance defense firms, claims, and risk professionals.

OUR MISSION




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The CLM is an inclusive, collaborative, not-for-profit organization that promotes and furthers the highest standards of claims and litigation

management and brings together thought leaders in the industry. CLM sponsors educational programs, provides resources, and fosters

communication among all in the industry.

Acquired in 2018 by The Institutes, the leading education and research provider for the risk management and property-casualty insurance industry with

designation programs like the Associate in Claims (AIC) and Chartered Property Casualty Underwriter (CPCU), CLM gains unprecedented access to new

resources, infrastructure, and experts with knowledge of the industry that enable us to offer a broader suite of products and solutions to our membership.

CLM’s multi-platform product line—which includes magazines, online and live events, and custom publishing—offers marketers an integrated

approach to effectively communicate with insurance claims, risk, and litigation management professionals.

In addition to CLM Magazine, we publish Construction Claims.

ABOUT THE CLM




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CLM Committees & Communities – Staffed by leading

experts, attorneys, and claims industry professionals,

these committees and communities contribute regularly

to CLM Magazine on various topics, including:

Communities

• Construction Claims

• Cyber, Management & Professional Liability

• Retail, Restaurant & Hospitality

• Workers’ Compensation

Committees

• Alternative Dispute Resolution (ADR)

• Diversity & Inclusion

• Environmental and Toxic Tort

• Extra-Contractual

• Insurance Coverage

• Insurance Fraud

• Municipal Law

• Product Liability

• Property

• Religious & Non-Profit

• Subrogation

• Transportation

Sales

Harry Rosenthal, CLM Executive Group Publisher, VP - 21 of his 29 years of media

experience has been spent focusing on providing marketing and sales ideas that fit the needs

of the insurance claims and litigation community.

Bryan Pifer, Publisher - His 17 years of advertising sales and publishing experience with

nationally recognized insurance print and web publications gives him the knowledge to find

creative solutions for your demands.

Editorial

Eric Gilkey, Executive Editor – His 15-year career in writing and editing has focused

exclusively on the insurance and claims industry, including both print publications and online

news sites like PropertyCasualty360.com, which he helped create and launch in 2011.

Phil Gusman, Managing Editor – A financial services writer/editor for over 17 years

working on both print and digital publications, including PropertyCasualty360.com where

he produced that site’s daily e-newsletter. Most recently, he was a freelance writer and editor,

specializing in creating P&C-related features and white papers for a range of publications and

insurance companies.

OUR TEAM




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10%Corporate risk, claims & litigation managers

CLM Magazine offers a distinct advantage in the

market. The readers of CLM Magazine — CLM

Members & Fellows — are thought leaders in the

industry. They are invested in improving their

skills and knowledge, exemplified by joining CLM,

an organization dedicated to furthering industry

standards through education and collaboration.

Your marketing message in CLM Magazine reaches

an audience committed to their profession.

CLM Magazine delivers over 32,000 decision-

makers involved in all aspects of managing,

litigating and resolving property & casualty claims,

from insurance and claims professionals, risk and

litigation managers, corporate counsel, outside

counsel and claims services providers. Each

participant in the claims and litigation process must

understand the needs of, and collaborate effectively

with others. That’s the makeup of CLM Magazine's

readership, and a strength of the publication and

the organization.

OUR CIRCULATION

40%Insurance company claims VPs, directors, managers, adjusters, and litigation managers

25%Independent claims services

25%Defense attorneys

BREAKDOWN OF CIRCULATION




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Leads generated through:

• Emails

• Banner ads

Includes real time leads.

"As part of our media mix, CLM has been highly effective. They consistently produce a high number of quality leads. With a staff that is flexible and responsive to our needs, we will continue to include them for our direct marketing and advertising programs."

— Caryn Warner, Director, Marketing

Verisk Insurance Solutions – Claims and Crime Analytics

DIGITAL EDITION SPONSORSHIP• Sponsoring the digital edition you will receive your logo on the digital edition

email announcement, the TOC page, and a banner ad (600x200) on the digital edition landing page.

THECLM.ORG CLM MAGAZINE 3

CONTENTS

CLM MAGAZINE SEPTEMBER 2019

24 CLM MAGAZINE SEPTEMBER 2019

Many businesses and property owners suffered a range of damage and destruction during the 2018 storm season. At the forefront of many conversations were the wind and water damages caused by the Atlantic hurricanes. According to the

National Oceanic and Atmospheric Administration (NOAA), the 2018 storm season produced 15 named storms, including eight hurricanes, with Hurricane Florence and Hurricane Michael leading the way.

In September 2018, Hurricane Florence was one of four named storms that were active at the same time; it went on to cause destructive flooding in both North Carolina and South Carolina. Several rivers in these states broke record flood levels in the days and weeks following the storm.

DISASTER LESSONS FROM

Neither Snow Nor Rain Nor Heat Nor Wind Could Keep Claims Professionals Down. Here Are Three Takeaways From Last Year’s Season

By Thomas X. Simoncic

2018

24 DISASTER LESSONS FROM 2018Neither snow nor rain nor heat nor wind

could keep claims professionals down. Here are three takeaways from last year’s season

28 MANAGING AN OUTBREAKWhat can employers legally require when it

comes to vaccines?

32 PLOTTING A COMPLIANCE COURSE

What to consider when determining whether or not to submit an MSA to CMS

36 THE BLAME GAME: CANNABIS EDITION

Predicting verdicts in cases that include a cannabis factor

44 ALL ABOUT LMIMastering the art of litigation management

45 BETWEEN THE LINESEmerging developments in claims resolution

46 WEBINARSDigging up social media data

47 EVENTSUpcoming CLM webinars, events, and photos

48 NATIONALNews and verdicts that affect you

from across the country

50 VOICESGetting to know Farmers’ Caitlin Modlin

FEATURES4 FRONT DESK

Welcome back!

6 CHAT ROOMCLM Magazine’s editors text it up

8 EXPOSUREEarnhardt Jr. plane crash

10 PEACE WITH A PURPOSE Turning terminated drivers

into effective witnesses

12 CONNECTING WITH THE MODERN JUROR

Communication strategies in the age of information

14 MIND THE WARNING SIGNSDeclaratory disappointment in directors and

officers coverage disputes

16 ADDRESSING WEBSITE ACCESSIBILITY CLAIMSShakedown settlements in an

unsettled legal landscape

18 REFUTING FAKE NEWSConfront allegations of falsified records

early to defend the record

COLUMNS

AROUND THE CLM

24

36

28

10

18

44

50

SEPTEMBER 2019 DIGITAL EDITION SPONSORED BY:

THECLM.ORG CLM MAGAZINE 3

CONTENTS

CLM MAGAZINE SEPTEMBER 2019


Many businesses and property owners suffered a range of damage and destruction during the 2018 storm season. At the forefront of many conversations were the wind and water damages caused by the Atlantic hurricanes. According to the

National Oceanic and Atmospheric Administration (NOAA), the 2018 storm season produced 15 named storms, including eight hurricanes, with Hurricane Florence and Hurricane Michael leading the way.

In September 2018, Hurricane Florence was one of four named storms that were active at the same time; it went on to cause destructive flooding in both North Carolina and South Carolina. Several rivers in these states broke record flood levels in the days and weeks following the storm.

DISASTER LESSONS FROM

Neither Snow Nor Rain Nor Heat Nor Wind Could Keep Claims Professionals Down. Here Are Three Takeaways From Last Year’s Season

By Thomas X. Simoncic

2018

24 DISASTER LESSONS FROM 2018Neither snow nor rain nor heat nor wind

could keep claims professionals down. Here are three takeaways from last year’s season

28 MANAGING AN OUTBREAKWhat can employers legally require when it

comes to vaccines?

32 PLOTTING A COMPLIANCE COURSE

What to consider when determining whether or not to submit an MSA to CMS

36 THE BLAME GAME: CANNABIS EDITION

Predicting verdicts in cases that include a cannabis factor

44 ALL ABOUT LMIMastering the art of litigation management

45 BETWEEN THE LINESEmerging developments in claims resolution

46 WEBINARSDigging up social media data

47 EVENTSUpcoming CLM webinars, events, and photos

48 NATIONALNews and verdicts that affect you

from across the country

50 VOICESGetting to know Farmers’ Caitlin Modlin

FEATURES4 FRONT DESK

Welcome back!

6 CHAT ROOMCLM Magazine’s editors text it up

8 EXPOSUREEarnhardt Jr. plane crash

10 PEACE WITH A PURPOSE Turning terminated drivers

into effective witnesses

12 CONNECTING WITH THE MODERN JUROR

Communication strategies in the age of information

14 MIND THE WARNING SIGNSDeclaratory disappointment in directors and

officers coverage disputes

16 ADDRESSING WEBSITE ACCESSIBILITY CLAIMSShakedown settlements in an

unsettled legal landscape

18 REFUTING FAKE NEWSConfront allegations of falsified records

early to defend the record

COLUMNS

AROUND THE CLM

24

36

28

10

18

44

50

SEPTEMBER 2019 DIGITAL EDITION SPONSORED BY:

eMEDIA OPPORTUNITIES All rates shown are net rates

LEAD GENERATION Partner with the CLM to deliver the quality leads you’re looking for!!!

RATE: $1,500SPONSORSHIP PER MONTH DIGITAL EDITION REACHES OVER 12,000+ CLM MEMBERS & FELLOWS MONTHLY

MONTHLY: $5,000$500 Discount For 6X$1,000 Discount For 12XIncludes One E-Blast and Banner Ad ROS




MARCH 2019





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CLM COMMITTEE WEB SEMINARS• CLM Web Seminars consist of a half hour-long educational lesson taught by CLM

committee members on a variety of topics related to claims and litigation management. Free to attend and typically occurring weekly, CLM Web Seminars can be sponsored to help you reach new and targeted audiences.

SPONSORSHIP OF A WEB SEMINAR INCLUDES: • Registration attendee list

• Your logo on event registration email

• Your logo on the slides in the presentation deck

• Recognition by the seminar moderator

RATE: $3,500SPONSORSHIP PER EVENT(two sponsorships available per event)


LEAD GENERATION

YOUR LOGO

YOUR LOGO




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MEMBER/SERVICE PROVIDER WEB SEMINAR• Here’s your chance to take the stage!

Direct the content and messaging related to what you know best: your company’s knowledge and success stories. Each web seminar will be moderated by a CLM editor and will utilize our delivery service. Please keep in mind that all Member/Service Provider Web Seminars must maintain editorial guidelines for all CLM web seminars, which includes not promoting specific products or services. To learn more, contact your sales rep.

SPONSORSHIP OF A MEMBER/SERVICE PROVIDER WEB SEMINAR INCLUDES: • Registration attendee list

• Your logo on event registration email

• Your logo on the slides in the presentation deck

• Recognition by the seminar moderator


RATE: $12,500 EACH // $10,000 3X

YOUR LOGO




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WEBSITE OPPORTUNITIES

• TOPIC CATEGORY SPONSORSHIPS Sponsorships offer 100% share of voice on the page; includes top and bottom leaderboard

ads, and two medium rectangle ads.

Limit five rotating sponsors per topic category.

• Leaderboard Ads - 2 (728 x 90)

• Medium Rectangle Ads - 2 (300 x 250)

• Sponsorship rate $1,500 PER MONTH

• HOMEPAGE/RUN OF SITE SPONSORSHIPS Sponsorship offers choice of top and bottom leaderboards or two medium rectangle ads.

• Leaderboard Ads - 2 (728 x 90) $1,000 PER MONTH• Medium Rectangle Ads - 2 (300 x 250) $1,000 PER MONTH

Website Specs: Max file size: 35K, File formats: Flash, gif, jpg, html

TOPIC CATEGORY SPONSORSHIPS ARE AVAILABLE FOR:

• Cannabis

• Claims Management

• Construction

• Cyber, Management

& Professional Liability

• D&I

• Environmental

• Extra-Contractual/Coverage

• Fraud


• Property

• RRH

• Subrogation

• Transportation

• Work Comp





MARCH 2019





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eNEWSLETTERS OPPORTUNITIES

• CLM Magazine Monthly eNEWSLETTER ADVERTISING RATES Monthly eNews with distribution averaging 30,000.

• Top Banner Ad (600x200) $2,000 PER ISSUE• Banner Ad (600x200) $1,500 PER ISSUE (TWO AVAILABLE)

• CANNABIS Monthly eNEWSLETTER ADVERTISING RATES Monthly eNews with distribution averaging more than 100,000.*


• WORKERS’ COMPENSATION Monthly eNEWSLETTER ADVERTISING RATES Monthly eNews with distribution averaging more than 100,000.*



• CLM’s signature flagship magazine goes beyond the printed page each month to ensure you can share, bookmark, and tag your favorite articles with litigation partners and fellow claims professionals. Reaching more than 30,000 inboxes each month, CLM Magazine eNews has the power to transform your knowledge of the industry and provide the insights and education you need to set yourself apart.

• The cannabis legal landscape is evolving faster than many insurers and litigation professionals can manage. That means it’s essential to stay on top of regulatory and claims trends as they happen in order to be successful. Subscribe to CLM’s monthly Cannabis eNews in order to receive thoughtful commentary and analysis on the state of the industry, legislative initiatives, and how cannabis affects the lines of business you write. Content written by CLM members and fellows will be supplemented by news alerts powered by Claims Pages. CLM’s Cannabis eNews delivers the goods to more than 110,000 insurance professionals with each edition.

• Putting the spotlight on the workers’ compensation industry, CLM’s WC eNews digs deeper and further to deliver objective commentary and analysis on workers’ compensation trends and topics. Published monthly and featuring CLM member- and fellow contributed content supplemented by news alerts powered by Claims Pages. WC eNews reaches 105,000 workers’ compensation insurance claims, risk, and litigation professionals with every edition.

*Distribution includes over 90,000 claims professionals powered by Claims Pages, A Member of The Institutes

eNewsletter specs:

Max file size:

55K, File formats:

gif or jpg




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JANUARYAD CLOSE: 12/13/19 MATERIAL CLOSE: 12/18/19

FEATURE HIGHLIGHTS:• Litigation: Impact of Litigation Financing• Property: Restoration Claims• Transportation: No-Fault Status• Special eReport #1: Workers’ Compensation*• Special eReport #2: Education & Training*

COMMITTEE COLUMN HIGHLIGHTS:• InsurTech• Insurance Fraud• Retail, Restaurant, and Hospitality• Property• ADR

BONUS DISTRIBUTION:• Windstorm Conference

FEBRUARYAD CLOSE: 1/17 MATERIAL CLOSE: 1/22

FEATURE HIGHLIGHTS:• Management: Controlling Claims and Earning Early Resolution • Technology: AI’s Impact on Claims Handling • Workers’ Comp: What’s Happening with Opioids• Special eReport #1: Forensics*• Special eReport #1: Transportation*

COMMITTEE COLUMN HIGHLIGHTS:• Extra-Contractual• Subrogation• Diversity• Transportation• Environmental/Toxic Tort

The claims industry faces many challenges—recruiting and training, digitalization of claims processes, dealing with fraud, incorporating new technologies and systems into existing processes, to name just a few.

* SPECIAL INTERGRATED ADVERTISING OPPORTUNITYSpecial eReports are sent to a custom selected audience from the over 45,000 CLM membership. Sponsorship includes your Logo at the top of the Special eReport with a Link to your website, Banner Ad (600x200) in the Special eReport (top, middle, lower placement determined by contract date), and a Full Page Ad in the monthly issue of the eReport. Three sponsorships available per report.

EDITORIAL PLANNING CALENDAR




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MARCHAD CLOSE: 2/14 MATERIAL CLOSE: 2/19

FEATURE HIGHLIGHTS:• Cyber: Credential Stuffing• Litigation: Verdict Analysis • Compliance: Medicare Update • Technology: Blockchain Trends• Supplement: Property Claim Strategies• Special eReport #1: Property* • Special eReport #2: Insurance Fraud*

COMMITTEE COLUMN HIGHLIGHTS: • Product Liability• Insurance Coverage• Religious and Non-Profit• Workers’ Compensation• Professional Liability• Municipal• Cannabis

BONUS DISTRIBUTION:• CLM Annual Conference• CLM Workers’ Compensation

& Restaurant, Retail & Hospitality Conference• Property Loss Research Bureau (PLRB)

APRILAD CLOSE: 3/13 MATERIAL CLOSE: 3/18

FEATURE HIGHLIGHTS:• Property: Fire Restoration Claims• Transportation: Roundtable Dialogue• Management: Millennial Adjusting• Litigation: Impact of Increasing Jury Verdicts • Special eReport #1: Risk Management*• Special eReport #2: Restoration*


BONUS DISTRIBUTION:• Risk & Insurance Management Society (RIMS)






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MAYAD CLOSE: 4/17 MATERIAL CLOSE: 4/22

FEATURE HIGHLIGHTS:• Cyber: Intangible Risk Become Tangible• Liability: Emerging Privacy Claims• Litigation: Advanced Use of Metrics • Workers’ Comp: Focus on the Worker • Special eReport #1: Forensics*• Special eReport #1: Construction*

COMMITTEE COLUMN HIGHLIGHTS:• Extra-Contractual• Subrogation• Diversity• Transportation• Environmental/Toxic Tort

JUNEAD CLOSE: 5/15 MATERIAL CLOSE: 5/20

FEATURE HIGHLIGHTS:• Litigation: Verdict Analysis • Compliance: Medicare Update • Property: Temp Housing Strategies • Special eReport: Technology*

COMMITTEE COLUMN HIGHLIGHTS: • Product Liability• Insurance Coverage• Religious and Non-Profit• Workers’ Compensation• Professional Liability• Municipal • Cannabis

BONUS DISTRIBUTION:• CLM Midwest Conference• PLRB Technology & Claims Seminar






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JULYAD CLOSE: 6/12 MATERIAL CLOSE: 6/17

FEATURE HIGHLIGHTS:• Workers’ Comp: Defense Strategies • Technology: IoT and Hacking • Property: Restoration Claims• Management: Protecting Claims Department Data• Special eReport: Fire Investigation*


BONUS DISTRIBUTION:• CLM Management & Professional Liability• CLM Cyber, Management & Professional Liability Conference

AUGUSTAD CLOSE: 7/17 MATERIAL CLOSE: 7/22

FEATURE HIGHLIGHTS:• Legal: Effects of Supreme Court Rulings on Insurance Industry• Workers’ Comp: Opioid Update• Litigation: Jury Selection Strategies• Property: Tariffs and Crop Insurance • Special eReport: UAVs*

COMMITTEE COLUMN HIGHLIGHTS:• Extra-Contractual • Subrogation• Diversity• Transportation• Environmental/Toxic Tort






MARCH 2019





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SEPTEMBERAD CLOSE: 8/14 MATERIAL CLOSE: 8/19

FEATURE HIGHLIGHTS:• Property: Lessons from 2019’s Hurricane Season• Litigation: Verdict Analysis • Compliance: Medicare Update • Management: Guide to Positive Post Mortems• Transportation: Personal Auto Trends• Special eReport: Construction*


BONUS DISTRIBUTION:• CLM Claims College & Chief Claims Officer Summit• CLM Construction Conference• PLRB Central Regional Adjusters Conference

OCTOBERAD CLOSE: 9/18 MATERIAL CLOSE: 9/23

FEATURE HIGHLIGHTS:• Workers’ Comp: When to Get Aggressive • Insurance Labor Analysis• Property: Restoration Claims• Transportation: Trend Spotting • Special eReport #1: Fraud*• Special eReport #2: Technology*


BONUS DISTRIBUTION:• CLM Southeastern Conference• CLM Litigation Management Symposium






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NOVEMBERAD CLOSE: 10/16 MATERIAL CLOSE: 10/21

FEATURE HIGHLIGHTS:• Subrogation: Trends in Recovery• Risk: Medical Marijuana Update• Property: Temporary Housing and ALE • Management: Recruiting and Retaining • Special eReport #1: Subrogation*• Special eReport #2: Workers’ Compensation*

COMMITTEE COLUMN HIGHLIGHTS:• Extra-Contractual • Subrogation• Diversity• Transportation• Environmental/Toxic Tort

BONUS DISTRIBUTION:• CLM New York• National Association of Subrogation Professionals (NASP)• PLRB Large Loss• PLRB Eastern Regional Adjusters Conference

DECEMBERAD CLOSE: 11/13 MATERIAL CLOSE: 11/18

FEATURE HIGHLIGHTS:• CLM Awards Issue• Litigation: Verdict Analysis• Holiday Guide for Claims and Litigation Professionals• Compliance: Medicare Update • Special eReport #1: Cyber Liability *• Special eReport #2: Extra-Contractual*







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• JANUARY: #1 Workers’ Compensation / #2 Education & Training

• FEBRUARY: #1 Forensics / #2 Transportation

• MARCH: #1 Property / #2 Insurance Fraud

• APRIL: #1 Risk Management / #2 Restoration

• MAY: #1 Forensics / #2 Contstruction

• JUNE: Technology

• JULY: Fire Investigation

• AUGUST: UAVs

• SEPTEMBER: Construction

• OCTOBER: #1Fraud / #2 Technology

• NOVEMBER: #1 Subrogation / #2 Workers’ Compensation

• DECEMBER: #1 Cyber Liability / #2 Extra-Contractual

Special eReports are sent to a custom selected audience from the over 45,000 CLM membership. Sponsorship includes your Logo at

the top of the Special eReport with a Link to your website, Banner Ad (600x200) in the Special eReport (top, middle, lower placement

determined by contract date), and a Full Page Ad in the monthly issue of the eReport.

EDITORIAL PLANNING CALENDARINTERGRATED ADVERTISING OPPORTUNITYSpecial eReportsHarnesses the power of CLM’s prolific writers by offering targeted eReports that zero in on specialized topics. Reach your audience with insightful, educational content in these select areas:

RATE: $5,000 Full Page Ad CLM Magazine + Digital Ad Special eReport $3,500 Digital Ad Special eReport Only

Three sponsorships available per report.




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ADVERTISING RATES All rates shown are net rates

CLM MAGAZINE PRINT RATES

2019 4 COLOR RATE

• Spread $9,000

• Third Spread $7,500

• Full $5,000

• Half $3,000

• Third $2,500

• Quarter $1,500

2018 B&W + 1 COLOR RATE

• Full $4,500

• Half $2,500

• Third $2,000

• Quarter $1,000

PREMIUM POSITIONS

• Back Cover $8,000

• Inside Front $6,500

• Inside Back $6,500

• Opposite TOC, Editor Letter $6,000

• Belly Band Or Cover Tip $7,500

10% DISCOUINT OFFERED ON 6 + AD SCHEDULE PRINT ADSAll contracts $5,000 or less must be pre-paid or include credit card information for payment.




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Looking for non-traditional ways

to promote the work and expertise

of your business and staff? Are you

interested in sharing your views on

the industry with other members and

fellows? CLM Member/Fellow Q&A

gives you that opportunity. Working

one on one with CLM Magazine staff,

one candidate of your choice will

be featured in a one-page interview

and have the chance to share their

stories and successes. A full-page

advertisement will accompany the

spread. With only 12 available spots,

you’ll need to act quickly if you want

to be part of this exciting new way to

market your work while also sharing

your knowledge with the CLM

collective.

CLM MEMBER/FELLOW Q&A SAMPLEFULL PAGE AD SAMPLE

CLM MEMBER/FELLOW Q&AINTERGRATED ADVERTISING OPPORTUNITY

RATE: $9,000 2-page spread. ONLY ONE AVAILABLE PER ISSUE.




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GOLD LEVEL: 1750 words $10,000 per issue (Two Page Spread)SILVER LEVEL: 700 words $7,500 per issue (Full Page)REGIONAL LEVEL: 275 words $5,000 per issue (Half Page)Editor has final approval on all material.

GOLD LEVEL SAMPLE:

Multifamily development in Colorado has been stalled for years. The industry has sought various options for balancing the risks of litigation versus the economic benefits of undertaking construc-tion. The threat of litigation led to an unwillingness of many general liability carriers to underwrite multifamily projects.

Recently, the Colorado legislature enacted a bipartisan mea-sure, supported by affordable housing advocates, constructors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legiti-mate issues an alternative to litigation.

At the same time, the construction and development indus-tries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses.

Informed ConsentExisting Colorado law allowed a homeowners association to retain counsel and file a lawsuit without any direct input or involvement from its members. H.B. 17-1729 amends the provisions of Colorado’s Common Interest Ownership Act (CCIOA), C.R.S. §38-33.3-102, et seq. by amending §38-33.3-303.5(1), repealing (2) and adding (4). The gist of the new law is to provide fuller disclosure to individual unit owners prior to the commencement of a construction defect action. It also brings the construction professional more substantively into the process and alters the definition of an “action” to include:

(b) any related, ancillary, or derivative claim, and any claim for breach of fiduciary duty or an act or omission of a member of an association’s executive board that arises from an alleged construction defect or that seeks the same or similar damages.

The new disclosure requirements mandate that prior to the filing of a lawsuit the executive board mail or deliver written notice of the anticipated lawsuit to each unit owner containing the following information:

A description of the nature of the construction defect action, identifying alleged defects with reasonable specificity, the relief sought, a good-faith estimate of the benefits and risks involved, and any other pertinent information.

Notice that the alleged construction defects might result in increased costs to the association in maintenance or repair or cause an increase in assessments or special assessments to cover the cost of repairs.

A warning that, if the association does not file a claim before the applicable legal deadlines, the claim will expire.

Notice that, until the alleged defects are repaired, sellers of units within the common interest community might owe unit buyers a duty to disclose known defects.

Notice that the executive board (intends to enter) (has entered) into a fee arrangement with the attorneys represent-

Multifamily Owners Get Greater SayThe processes for resolving disputes arising out of construction defects will enter a new phase in Colorado.By Your Author

ing the association, under which (the attorneys will be paid a contingency fee equal to ______ percent of the (net) (gross) recovery of the amount the association recovers from the defen-dant(s)) and (the association’s attorneys will be paid (an hourly fee of $_____) (a fixed fee of $_____)).

Notice that, in addition to attorneys fees, the association may incur up to $_______ for legal costs, including expert witnesses, depositions and filing fees. The amount will not be exceeded without the executive board’s further written author-ity. If the association does not prevail on its claim, the associa-tion may be responsible for paying these legal expenses.

A warning that, if the association does not prevail on its claim, the association may be responsible for paying its attor-neys fees.

Notice that, if the association does not prevail on its claim, a court or arbitrator sometimes awards costs and attorneys fees to the opposing party. Should that happen in this case, the asso-ciation may be responsible for paying the opposing party’s costs and fees as a result of such award.

Clarification that there is no guarantee that the association will recover enough funds to repair the claimed construction defect(s). If the claimed defects are not repaired, additional damage to property and a reduction in the useful life of the common elements might occur.

A warning that, until the claimed construction defects are repaired, or until the construction defect claim is concluded, the market value of the units in the association might be adversely affected.

A warning that, until the claimed construction defect(s) are repaired, or until the construction defect(s) claim is concluded, owners in the association might have difficulty refinancing and prospective buyers might have difficulty obtaining financing. In addition, certain federal underwriting standards or regulations prevent refinancing or obtaining a new loan in projects where a construction defect is claimed, and certain lenders as a matter of policy will not refinance or provide a new loan in projects where a construction defect is claimed.

The construction professional must also receive notice so he can substantively participate in the process.

Following delivery of the notice, a meeting of the unit owners to consider proceeding with the lawsuit occurs. The meeting must happen on a strict timeline; failure to abide by that will invali-date the vote. After the initial meeting, a 90-day voting period begins. If new information is discovered during the voting period, supplemental information can be given, but it won’t extend the voting period. At the end of the period, votes are tallied on whether to proceed with a lawsuit. The construction professional who owns units can’t vote.

The new procedure offers the potential for the parties to benefit, by expanding the discussion regarding alleged issues and approaches to resolving them. By requiring informed consent from the unit owners, a reasonable solution that protects their

rights without the time and uncertainty of litigation may occur. It may also entice builders and developers and their insurers to reenter the market and thus, assist with the economic growth required to keep communities vital.

Forum SelectionThere are three forums for the resolu-tion of construction defect disputes: (1) litigation before a jury; (2) litigation in front of a judge in a bench trial; and (3) arbitration. Each has pros and cons. Litigation before a jury is perilous. Experience teaches that outcomes in construction defect trials tend to favor plaintiffs. If a matter must be litigated in the courthouse, a bench trial may be a better option. Whether by jury or bench trial, the litigants’ right to appeal is preserved. Arbitration is private and can be processed in less time. It offers the parties the ability to select an arbiter who may possess the specialized knowledge that is required to understand the com-plex issues involved in a construction defect action; however, arbitration can be costly, and there is no right to appeal.

Whether a developer could retain a right to consent to any amendment designed to remove binding arbitration clauses from a homeowners association’s governing documents came to the fore-front in Vallagio at Inverness Residential Condominium Assoc., Inc v. Metropolitan Homes, Inc. et al (Colo. 2017). Prior to Vallagio, associations removed these types of provisions by amending the governing documents. The governing documents at issue in Vallagio did not allow the association to act unilater-ally. The preference for arbitration is evidenced by the fact that more than 40 industry and government entities filed briefs in support of the proposition.

In upholding the requirement of con-sent, the state Supreme Court found that those provisions were not inconsistent with the policies set forth in the CCIOA. The Vallagio court also affirmed the proposition that Consumer Protection Act claims were arbitrable.

Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of construction defects will enter a new phase in Colorado. Whether

these measures will spur an increase in the construction and development of new multifamily projects is yet to be seen. Likewise, whether insurers will reenter the Colorado market, is an unknown. However, given wide support from industry for these issues, the var-ious constituencies should have a more positive outlook for the future.

The construction professional must also receive notice so he can substantive-ly participate in the process.

Following delivery of the notice, a meeting of the unit owners to consider proceeding with the lawsuit occurs. The meeting must happen on a strict timeline; failure to abide by that will invalidate the vote. After the initial meeting, a 90-day voting period begins. If new information is discovered during the voting period, sup-plemental information can be given, but it won’t extend the voting period. At the end of the period, votes are tallied on whether to proceed with a lawsuit. The construction professional who owns units can’t vote.

The new procedure offers the poten-tial for the parties to benefit, by expand-ing the discussion regarding alleged issues and approaches to resolving them. By requiring informed consent from the unit owners, a reasonable solution that protects their rights without the time and uncertainty of litigation may occur. It may also entice builders and developers and their insurers to reenter the market and thus, assist with the economic growth required to keep communities vital.

Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of construction defects will enter a new phase in Colorado. Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of con-struction defects will enter a new phase in Colorado. Whether these measures will spur an increase in the construction and development of new multifamily projects is yet to be seen. Likewise, whether insurers will reenter the Colo-rado market, is an unknown. However, given wide support from industry for these issues, the various constituencies should have a more positive outlook for

the future. However, given wide support from industry for these issues, the var-ious constituencies should have a more positive outlook for the future.

Recently, the Colorado legislature en-acted a bipartisan measure, supported by affordable housing advocates, construc-tors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court re-cently endorsed forum selection clauses. Recently, the Colorado legislature enact-ed a bipartisan measure, supported by affordable housing advocates, construc-tors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court re-cently endorsed forum selection clauses. At the same time, the construction and development industries have long. K

Brad Ramming is an attorney at Sweetbaum Sands Anderson in Denver. [email protected]

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A warning that, until the claimed construction defect(s) are repaired, or until the construction defect(s) claim is concluded, owners in the association might have difficulty refinancing and prospective buyers might have difficulty obtaining financing. K


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Recently, the Colorado legislature enacted a bipartisan measure, supported by affordable housing advocates, constructors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development indus-tries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses. At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses. The Colorado court recently endorsed forum selection clauses. At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public


policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses.

Informed ConsentExisting Colorado law allowed a homeowners association to retain counsel and file a lawsuit without any direct input or involvement from its members. H.B. 17-1729 amends the provi-sions of Colorado’s Common Interest Ownership Act (CCIOA), C.R.S. §38-33.3-102, et seq. by amending §38-33.3-303.5(1), repealing (2) and adding (4). K


Your Author


Your Logo Here

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INSURANCE FRAUD PROFILE

Ingenious Tips for Combating Fraudulent Slip-and-Fall ClaimsBy Heidi Shetler

Every year, slips, trips, and falls send five million people to the emergency room with sprains, strains, bruises, and breaks. For businesses and their insurance companies, such accidents come with a hefty price tag, accounting for a large percentage of claims and reported incidents in a given year. While many of these claims are legitimate, there are fraudsters out there who are looking for a quick payout.

The Insurance Information Institute reports that 10 percent of all insurance claims are fraudulent, costing the U.S. property and casualty industry $30 billion a year. With so much at stake, claims professionals must take a proactive approach toward combating slip-and-fall insurance fraud, and it all starts with education, action, and a little creativity.

SLIP-AND-FALL FRAUD IS OUT OF CONTROLIn early 2018, five leaders of a massive crime scheme were charged with defrauding New York City-area businesses and their insurance companies over the course of five years. Manhattan U.S. Attorney Geoffrey S. Berman said in a press release issued by the Department of Justice that “the defendants employed one of the oldest plays in the fraudster handbook—the fake slip-and-fall routine.” The release goes on to explain how the defendants recruited individuals to stage slip-and-fall accidents, “injure” themselves, and then keep track of their medical treatment as evidence for a claim. Some were even incentivized to undergo surgeries to bolster their cases.

The damage? According to the release, the accused and their accomplices attempted to defraud victims of almost $32 million.

Industry reports from the National Insurance Crime Bureau show that slip-and-fall fraud is on the rise, and schemes are becoming more elaborate every day.

Unfortunately, insurance companies are almost completely reliant on the business owner to ward against insurance crime or, at the very least, provide accurate reporting on the incident. Defeating the claim or reducing the payout (fraudulent or otherwise) can only be achieved when a reasonable attempt has been made to prevent accidents. If business owners are unaware of slip-and-fall risks within their own establishments, it will be even more difficult to prove that they did everything they could to prevent the fall from occurring.

COVER YOUR BASESCriminals are smart. They can spot a security camera a mile away, carry liquid to spill on the ground after they fall, and view a bunched-up floor mat as their one-way ticket to the bank. Before disaster strikes, it’s important to implement the latest risk management techniques and take a preventative approach to fraud reduction.

Here are a few unique tips to make sure you and your insured come out on top:

Go back to basics: When in doubt, utilize tried-and-true techniques. Delegate one manager each shift to conduct safety sweeps every 15 minutes, documenting their findings each day. Keeping hard evidence on file (such as inspection logs, maintenance reports, videos, and photos) is especially important in the event of a slip-and-fall claim because it provides a documented account of preventative action.

Identify gaps in visibility: Most stores have security cameras, but there are often gaps in camera coverage that prevent seeing the full picture. Engage your team to help you find these weak spots and see if you can rectify the situation. If more equipment isn’t a possibility, assign an employee to check impacted areas regularly, and remind them to stay alert.

Keep your receipts: When were your floors last repaired? What about your plumbing systems—when were they checked? Legal teams will find any angle they can to prove negligence. Be sure to update problem areas immediately and keep detailed records of what was fixed.

Change your floor mats: Traditional rubber-backed floor mats make it easy for patrons to fake a fall, primarily because they are based on outdated technology and often exacerbate hazards. That’s why New Pig Corporation set out to create a new solution. Specifically designed to eradicate same-level slips, trips, and falls, the PIG Grippy Mat is the world’s first adhesive-backed mat solution on the market. Grippy Mat lays flat, sticks tight and never bunches, ripples or shifts like rubber-backed mats. National Floor Safety Institute-certified as a high-traction surface, Grippy Mat is a proven solution to reduce slip-and-fall claims by up to 90 percent when used as part of a comprehensive floor safety program.

Interested in learning more about Grippy Mat? Visit: newpig.com/grippy.

Heidi Shetler is the director of new market development at New Pig Corporation. She can be reached [email protected].

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GOLD LEVEL: 1750 words $7,500 per issue (Two Page Spread)SILVER LEVEL: 700 words $5,000 per issue (Full Page)REGIONAL LEVEL: 275 words $2,500 per issue (Half Page)Editor has final approval on all material.

GOLD LEVEL SAMPLE:



















A warning that, until the claimed construction defect(s) are repaired, or until the construction defect(s) claim is concluded, owners in the association might have difficulty refinancing and prospective buyers might have difficulty obtaining financing. In addition, certain federal underwriting standards or regulations prevent refinancing or obtaining a new loan in projects where a construction defect is claimed, and certain lenders as a matter of policy will not refinance or provide a new loan in projects where a construction defect is claimed.

The construction professional must also receive notice so he can substantively participate in the process.

Following delivery of the notice, a meeting of the unit owners to consider proceeding with the lawsuit occurs. The meeting must happen on a strict timeline; failure to abide by that will invali-date the vote. After the initial meeting, a 90-day voting period begins. If new information is discovered during the voting period, supplemental information can be given, but it won’t extend the voting period. At the end of the period, votes are tallied on whether to proceed with a lawsuit. The construction professional who owns units can’t vote.

The new procedure offers the potential for the parties to benefit, by expanding the discussion regarding alleged issues and approaches to resolving them. By requiring informed consent from the unit owners, a reasonable solution that protects their

rights without the time and uncertainty of litigation may occur. It may also entice builders and developers and their insurers to reenter the market and thus, assist with the economic growth required to keep communities vital.

Forum SelectionThere are three forums for the resolu-tion of construction defect disputes: (1) litigation before a jury; (2) litigation in front of a judge in a bench trial; and (3) arbitration. Each has pros and cons. Litigation before a jury is perilous. Experience teaches that outcomes in construction defect trials tend to favor plaintiffs. If a matter must be litigated in the courthouse, a bench trial may be a better option. Whether by jury or bench trial, the litigants’ right to appeal is preserved. Arbitration is private and can be processed in less time. It offers the parties the ability to select an arbiter who may possess the specialized knowledge that is required to understand the com-plex issues involved in a construction defect action; however, arbitration can be costly, and there is no right to appeal.

Whether a developer could retain a right to consent to any amendment designed to remove binding arbitration clauses from a homeowners association’s governing documents came to the fore-front in Vallagio at Inverness Residential Condominium Assoc., Inc v. Metropolitan Homes, Inc. et al (Colo. 2017). Prior to Vallagio, associations removed these types of provisions by amending the governing documents. The governing documents at issue in Vallagio did not allow the association to act unilater-ally. The preference for arbitration is evidenced by the fact that more than 40 industry and government entities filed briefs in support of the proposition.

In upholding the requirement of con-sent, the state Supreme Court found that those provisions were not inconsistent with the policies set forth in the CCIOA. The Vallagio court also affirmed the proposition that Consumer Protection Act claims were arbitrable.

Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of construction defects will enter a new phase in Colorado. Whether

these measures will spur an increase in the construction and development of new multifamily projects is yet to be seen. Likewise, whether insurers will reenter the Colorado market, is an unknown. However, given wide support from industry for these issues, the var-ious constituencies should have a more positive outlook for the future.

The construction professional must also receive notice so he can substantive-ly participate in the process.

Following delivery of the notice, a meeting of the unit owners to consider proceeding with the lawsuit occurs. The meeting must happen on a strict timeline; failure to abide by that will invalidate the vote. After the initial meeting, a 90-day voting period begins. If new information is discovered during the voting period, sup-plemental information can be given, but it won’t extend the voting period. At the end of the period, votes are tallied on whether to proceed with a lawsuit. The construction professional who owns units can’t vote.

The new procedure offers the poten-tial for the parties to benefit, by expand-ing the discussion regarding alleged issues and approaches to resolving them. By requiring informed consent from the unit owners, a reasonable solution that protects their rights without the time and uncertainty of litigation may occur. It may also entice builders and developers and their insurers to reenter the market and thus, assist with the economic growth required to keep communities vital.

Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of construction defects will enter a new phase in Colorado. Between the enactment of the revisions and amendments to the CCIOA and the state Supreme Court’s pronouncement in Vallagio, it appears that the processes for resolving disputes arising out of con-struction defects will enter a new phase in Colorado. Whether these measures will spur an increase in the construction and development of new multifamily projects is yet to be seen. Likewise, whether insurers will reenter the Colo-rado market, is an unknown. However, given wide support from industry for these issues, the various constituencies should have a more positive outlook for

the future. However, given wide support from industry for these issues, the var-ious constituencies should have a more positive outlook for the future.

Recently, the Colorado legislature en-acted a bipartisan measure, supported by affordable housing advocates, construc-tors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court re-cently endorsed forum selection clauses. Recently, the Colorado legislature enact-ed a bipartisan measure, supported by affordable housing advocates, construc-tors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court re-cently endorsed forum selection clauses. At the same time, the construction and development industries have long. K


Your Author

2 Sponsored Content TheCLM.org Fall 2017 Sponsored Content 3

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SILVER LEVEL SAMPLE: BRONZE SAMPLE:



















A warning that, until the claimed construction defect(s) are repaired, or until the construction defect(s) claim is concluded, owners in the association might have difficulty refinancing and prospective buyers might have difficulty obtaining financing. K


Your Author


Your Logo Here


Recently, the Colorado legislature enacted a bipartisan measure, supported by affordable housing advocates, constructors, developers, governmental entities and insurers. The new law is intended to promote more cooperation between all parties, while at the same time providing homeowners who have legitimate issues an alternative to litigation.

At the same time, the construction and development indus-tries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses. At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses. The Colorado court recently endorsed forum selection clauses. At the same time, the construction and development industries have long sought clarification on forum selection clauses. Following the public


policies of many states, arbitration has been the favored forum. The Colorado court recently endorsed forum selection clauses.

Informed ConsentExisting Colorado law allowed a homeowners association to retain counsel and file a lawsuit without any direct input or involvement from its members. H.B. 17-1729 amends the provi-sions of Colorado’s Common Interest Ownership Act (CCIOA), C.R.S. §38-33.3-102, et seq. by amending §38-33.3-303.5(1), repealing (2) and adding (4). K


Your Author


Your Logo Here

SPONSORED CONTENTINTERGRATED ADVERTISING OPPORTUNITYDevelop an article or series of articles where the sponsoring organization/firm works with our editor to develop the content.


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