In a previous article, CLM spoke with its new Incident Response Task Force steering committee co-chairs—Michael J. Hallock, attorney, Hennessy & Roach, P.C.; and Diana M. Dearmin, outside counsel partnerships, strategic counsel & litigation management, Liberty Mutual Insurance—about the need and purpose behind developing resources and guiding principles for incident response across a number of practice areas: construction, cyber, property, transportation, and workers’ compensation. Here, CLM speaks with some of the Task Force’s subcommittee leaders on how their subcommittees approached creating their guiding principles, important considerations when responding to an incident in their practice areas, and how they hope these resources will be used by the industry.
Each subcommittee is made up of claims professionals and defense counsel from their respective practice area, which provides a broad range of perspectives for each. The guiding principles from each discipline emphasize early documentation, communication, evidence preservation, and flexibility.
Insurance claims and litigation professionals respond to incidents in a wide range of practice areas; however, the industry has lacked practical, standardized guidance for incident response among each discipline. Recognizing this need, CLM established its Incident Response Task Force, which is comprised of subcommittees that have been developing resources that will be made available to members and fellows soon.
Transportation Guiding Principles
Hallock also leads the Task Force’s Transportation subcommittee, which developed its guiding principles around “practical, field-tested considerations that support a rapid, organized, and compliant response while recognizing that every transportation incident presents unique facts and challenges,” he explains. “Rather than create rigid rules, we intentionally designed the document as a flexible resource that organizations can adapt to their operations and professional judgment. During the drafting process, we had productive discussions about how best to balance speed with accuracy, responding quickly without compromising thorough documentation, evidence preservation, or regulatory compliance.”
For transportation claims, Hallock notes, a prompt and coordinated response can significantly improve the outcome by preserving critical evidence, establishing an accurate factual record, and reducing confusion in the hours immediately following an incident. “Early scene documentation, timely notifications, coordinated communication, and preservation of electronic and physical evidence help ensure that liability decisions are based on reliable facts rather than incomplete information,” he notes. “These same efforts also support regulatory compliance and position the organization to respond effectively throughout the claims and litigation process.”
According to Hallock, organizations should prioritize “photographs of the scene, vehicles, roadway conditions, skid marks, debris, signage, cargo, and surrounding landmarks; witness and law enforcement information; dashcam, surveillance, and third-party video; ECM, ELD, and telematics data; driver logs; maintenance records; qualification files; inspection records; tow records; and police reports. Physical evidence, including vehicle components, tires, and cargo, should also be secured and preserved until counsel approves its release.”
Hallock hopes that claims and legal professionals will use the guiding principles as a practical reference for standardizing early incident response while preserving the flexibility needed to address the unique facts of each case. The resource is intended to reinforce best practices in communication, evidence preservation, role definition, and post-incident coordination so organizations can improve consistency, strengthen investigations, and reduce claim costs and litigation risk.
Workers’ Compensation Guiding Principles
“By leveraging our collective experience and perspectives, we sought to create practical principles that can be applied across a broad spectrum of employment settings and claim scenarios,” according to Marie Croghan, loss portfolio claims manager, Safety National Casualty Corporation; and Alil Kunica, director, claim management, Walt Disney World. “While there were naturally differing viewpoints based on individual experiences and areas of expertise, those discussions ultimately strengthened the final product. The result is a set of principles that balances the need for thorough investigations, effective communication, appropriate medical management, and positive claim outcomes.”
The Workers’ Compensation subcommittee's approach centered on supporting a timely, thorough, and effective investigation from the moment a claim is reported. The group identified key information to be gathered and actions to be taken early in the claim lifecycle to ensure a successful process. In addition to guiding the investigation process, the principles emphasize “proper reporting procedures, proactive communication with the injured worker, and the management of appropriate medical care.”
The principles also stress the importance of communication with the injured worker to achieving positive claims and litigation outcomes. “Clear, detailed, and consistent communication helps reduce confusion and fear, which are often key drivers behind attorney involvement,” explain Croghan and Kunica. “When injured workers understand the claims process, know what to expect, and feel supported throughout their recovery, they are more likely to remain engaged and cooperative. Building a positive relationship with the injured worker fosters trust, helps keep claim exposure reasonable, and ultimately supports better outcomes for all parties involved.”
Croghan and Kunica hope that claims and legal professionals use the guiding principles as a practical resource that can be adapted to the unique circumstances of each claim. “They are not intended to serve as a rigid instruction manual, but rather as a framework of best practices that can help position a claim for the most favorable outcome.”
Property Guiding Principles
“Property claims encompass a wide range of matters, including both first-party and third-party claims, and there is not always significant overlap between the issues they present,” says Courtney Joiner, member, Phelps Dunbar. As a result, the Property subcommittee took a different approach to develop its guiding principles. “We divided the subcommittee into specialty areas so that members could contribute their specific experience and perspective. The challenge was not necessarily resolving major disagreements but ensuring that the final product reflected the breadth of property claims while remaining cohesive, practical, and accessible.” She adds that by bringing together professionals with experience in different areas of property claims, the subcommittee was able to identify shared challenges, learn from one another, and develop a resource that reflects a broad range of perspectives.
The subcommittee began by building a foundation around the major issues that arise across property claims, with particular attention to both first-party and third-party matters. “Given the breadth of the subject, we did not attempt to address every possible issue in the initial guidance. Instead, we focused on the principles that are most likely to have broad application. We also view the guidance as a living document that can evolve as claims practices, technology, and litigation strategies develop. Our intention is to supplement the initial principles over time, with more focused guidance addressing particular specialties and emerging issues.”
The principles emphasize the importance of early documentation, noting that attorneys are often brought into a claim well after the initial event, after evidence may have been lost, conditions may have changed, and memories may have faded. “The goal should be to document early, consistently, and accurately. Photographs, communications, investigative materials, witness information, and the basis for significant claims decisions can all become important later. Effective documentation not only supports the evaluation and resolution of the claim but also places the parties in a much stronger position if litigation follows,” says Joiner.
Noting that those pursuing claims are often extremely organized and increasingly sophisticated in their use of technology, experts, and litigation strategies, the property subcommittee hopes that the guiding principles will serve as “a practical starting point for claims and legal professionals to be equally deliberate and coordinated in their own responses.”