Insurance

UPDATE: The Third Circuit recently affirmed the United States District Court for the Eastern District of Pennsylvania in Transportation Ins. Co v. Heathland Hosp. Group LLC, — Fed. Appx. —-, 2019 WL 3383876, at *1 (3d Cir. July 26, 2019), a case which we wrote about last year.  Transportation arose out of a car accident in which the plaintiff’s husband was fatally injured when he was struck by a driver who allegedly became intoxicated at a country club whose drink sales were allegedly managed by the insured. The dispositive issue was whether coverage was barred by liquor liability exclusion,…
Aug 13, 2019 | Blog | Chronic pain is a frustrating and widely misunderstood condition that disables roughly 100 million Americans. A variety of circumstances can cause it — including trauma, surgery, cancer, and nerve damage. Unfortunately, this pain can persist even after the underlying condition resolves. If you’re struggling with chronic pain, you may be eligible for long-term disability benefits — but don’t be surprised if the insurance company puts up a fight and denies your claim. In this article, the disability insurance lawyers at Bryant Legal Group explain the essentials of a chronic pain syndrome claim. What…
As the number of lawsuits based on claimed violations of the Illinois Biometric Information Protection Act (“BIPA”) increase, litigants have struggled to find guidance from the courts on this new area of law. The Ninth Circuit’s August 8, 2019 decision in Patel v. Facebook, Inc., No. 18-15982 (August 8, 2019) provides slightly more guidance. In Facebook, the Ninth Circuit affirmed the district court’s finding that allegations related to Facebook’s use and storage of “face templates” may violate BIPA. The Ninth Circuit focused on whether the plaintiff’s allegations constitute a concrete and particularized harm sufficient to confer Article III standing under…
In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim for damage to its inventory from flooding during rainstorms as a result of the insured’s alleged failure to maintain the roof of the building.  Distinguishing well-established Pennsylvania law holding claims for faulty workmanship do not constitute an “occurrence,” the court held the insurer owed a duty to defend because the complaint alleged the insured’s faulty work resulted in…
Saul Ewing Blogs | District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether Insurer’s Initial Denial of Coverage Above Policy Sublimit Was Made in Good Faith X Search our Site Suggested Links…
Aug 6, 2019 | Blog | If you’re on long-term disability (LTD), your insurance company might encourage you to apply for Social Security disability benefits. The company may even offer to connect you with a representative who will file your application and appeals. However, the insurance company isn’t doing this out of kindness — the company wants to reduce your LTD benefits and recover some (or all) of its payments. While you may have to repay the disability insurance company, don’t panic. You have a variety of options, and a lawyer at Bryant Legal Group can guide you through…
Saul Ewing Blogs | District of Colorado Denies Insurer’s Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured Demonstrated Material Factual Issues as to Whether Insurer Acted Unreasonably in Denying Insured’s Claim X Search our Site Suggested Links…
District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to Proceed Without Claim for Breach of Contract Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode Island history, the United States District Court for the District of Rhode Island held that Ironshore Specialty Insurance Company (“Ironshore”)’s claims could proceed against Columbia Casualty Company (“Columbia”) where it alleged Columbia acted in bad faith by gambling with…
Saul Ewing Blogs | Delaware Superior Court Upholds Motion to Compel Insurer to Produce Defense Medical Examination Reports Because the Reports Were Reasonably Calculated to Lead to Discovery of Admissible Evidence of Insurer’s State of Mind in Bad Faith Litigation X Search our Site Suggested Links…
The compliance deadline for the California Consumer Privacy Act (“CCPA”) is January 1, 2020. Even though the CCPA is the first privacy law that will directly impact a large number of U.S. businesses, the best strategy for most U.S. businesses will be to take a measured response toward this new law. GDPR Hysteria The General Data Protection Regulation (“GDPR”) has been in effect for more than a year. And, without question, GDPR has impacted privacy law across the world as 59,000 data breaches were reported to the EU supervisory authorities which resulted in the assessment of about 90 penalties since…
Jul 23, 2019 | Blog | During a long-term disability (LTD) claim, you may worry that private investigators are watching your every move, but it might surprise you that most of this surveillance occurs online. Today, disability insurance companies like UNUM, MetLife, and Aetna use social media and online monitoring to deny and terminate disability claims — even when the person has a valid claim. In this article, we will discuss how the insurance company may try to use your online data against you and what you can do to combat these tactics. Modern Surveillance Starts Online Historically,…
Jul 16, 2019 | Blog | According to the Substance Abuse and Mental Health Services Administration, approximately 19.7 million people (aged 12 and above) struggle with some form of substance use — including addictions to alcohol, opioids, prescription medications, and illicit drugs. Today, substance use impacts every social, economic, and demographic group. However, when substance abuse limits or eliminates your ability to work, you might find yourself battling your insurance company. Today, the disability professionals at Bryant Legal Group are going to explain how addiction can impact your long-term disability (LTD) claim. The Science of Addiction Some people…
In All America Ins. Co. v. Lampasona Concrete Court., 120 N.E.2d 1258 (Mass.App.Ct. 2019), a Massachusetts appellate court vacated a trial court’s decision and held the trial court erred in ruling that Exclusion J(6) precluded coverage for the cost of removing and replacing a hospital’s flooring structure when the insured subcontractor had only worked on the concrete slab underlying the floor. All America had sought a declaration that Lampasona’s CGL policy excluded coverage for damage to a vapor barrier and carpet tiles resulting from Lampasona’s negligent installation of a concrete subfloor at Beverly Hospital and that it had no duty…
Jul 9, 2019 | Blog | Almost every day, we speak with people who have questions about their UNUM long-term disability claims. Unfortunately, that insurance company has a reputation for mishandling disability claims and unfounded benefits denials. At Bryant Legal Group, we’ve handled countless UNUM disability claims and understand how the company operates. While nothing compares to a personalized assessment from one of our disability lawyers, here are four things you need to know about UNUM. 1. UNUM Is One of the Largest Disability Insurance Companies in the Country UNUM is a giant in the disability insurance industry.…
Jul 2, 2019 | Blog | Over the past several years, public awareness of traumatic brain injuries (TBI) has dramatically increased. While this awareness is leading to earlier diagnoses and proactive treatment, TBI is still a widely misunderstood condition. If you or a loved one can no longer maintain full-time employment due to a traumatic brain injury, it may be time to explore a long-term disability (LTD) claim. Here, the attorneys at Bryant Legal Group discuss TBI and the disability claim process. What Is a Traumatic Brain Injury? The brain is your body’s control center. It produces your…
In Hershey Creamery Co. v. Liberty Mutual Fire Ins. Co., No. 1:18-CV-694, 2019 WL 1988397 (M.D. Pa. May 6, 2019), the United States District Court for the Middle District of Pennsylvania held a patent and trademark infringement lawsuit against an insured triggered a duty to defend under “personal and advertising injury” coverage.  The dispositive issue was whether the complaint, which was premised on alleged infringement on the plaintiff’s marks in the insured’s in-store signage and milkshake containers, potentially alleged an “advertisement,” which was defined to mean, in relevant part, “a paid announcement that is broadcast or published in the print,…