Insurance

Numerous Illinois cases have considered the question of when an insurer must defend or indemnify an additional insured. E.g., Pekin Ins. Co. v. Centex Homes, 2017 IL App (1st) 153601; National Union Fire Ins. Co. of Pittsburgh, PA. v. R. Olson Constr. Conts., Inc., 329 Ill.App.3d 228 (2d Dist. 2002); Commonwealth Edison Co. v. National Union Fire Ins. Co. of Pittsburgh, PA., 323 Ill.App.3d 970 (1st Dist. 2001).  In most additional insured coverage cases, two factors are critical to the outcome. The first is the wording of the additional insured endorsement, and the second is the extent to which facts outside the…
Jun 11, 2019 | Blog | COPD can make even simple activities like walking to your mailbox difficult. While you may be painfully aware of how COPD and other breathing conditions impact your life, many people don’t realize how they impact long-term disability claims. Below, the disability insurance lawyers at Bryant Legal Group discuss how COPD affects your body, how it’s diagnosed, and how you can strengthen your long-term disability claim. How Do Lungs Work? Your pulmonary system delivers oxygen to your body and removes carbon dioxide. While your lungs play a vital role in this process, they are…
Jun 4, 2019 | Blog | Your inability to work is the key issue in a long-term disability claim. If you have physical limitations, a functional capacity evaluation (FCE) may help the insurance company gauge your ability to do your job or any type of employment. While these tests are not necessary in every disability claim, they can be a powerful, fact-based tool. However, functional capacity evaluations are not as ironclad as some would like you to believe, and a negative report can seriously harm your disability insurance claim. Before you attend an exam, you should know what…
The current roster of threats–ransomware, phishing schemes and hacking–are well understood at this point. Of course, these threats are constantly evolving as we live in a world where criminals get bored quickly and need to move on. The newest privacy threat may involve elaborately faked videos, called “deepfakes,” which may be used to disparage people. A manipulated video of House Speaker Nancy Pelosi recently went viral was slowed down to make it appear she was slurring her words following a meeting with President Donald Trump. This incident was the first time the public came face to face with this new…
May 28, 2019 | Blog | Dealing with autoimmune disease can feel like you’re fighting a battle no one can see. Conditions like lupus, rheumatoid arthritis, inflammatory bowel disease, and others can silently cause life-changing symptoms that go unnoticed by the people around you. At Bryant Legal Group, we help clients get short-term and long-term disability benefits for these misunderstood conditions.To learn more about autoimmune disease and disability insurance, keep reading. Autoimmune Disease Is More Common Than You Think More than 23.5 million people have autoimmune disease diagnoses. An autoimmune disease occurs when your immune system mistakenly attacks healthy…
Saul Ewing Blogs | Seventh Circuit: No Bad Faith Failure to Settle Where Insurer Did Not Believe Adverse Judgment Was Reasonably Probable Despite Recognizing Possibility of Exposure to Damages Beyond Policy Limits X Search our Site Suggested Links…
May 21, 2019 | Uncategorized | Getting a cancer diagnosis is an incredibly stressful and difficult experience. While doctors are learning more about cancer and mortality for most forms of cancer is dropping, you may have a hard time understanding your outlook and options while you fight the disease. On top of that, the process of getting disability for cancer is much more complicated than you would expect. The best way to ease the stress of trying to receive disability for cancer is to get informed. In this article, we’ll explain how cancer diagnosis, symptoms, and treatment can impact…
The Illinois Appellate Court for the First District ruled that an insured was entitled to independent counsel where its insurer was reserving rights based on a punitive damages exclusion and the claim for punitive damages was the greatest part of the insured’s exposure. In Xtreme Protection Services LLC v. Steadfast Ins. Co., 2019 IL App (1st) 181501 (Ill. App. Ct. May 3, 2019), the underlying case involved a suit against Xtreme Protection Services LLC for illegal wiretapping and sending threatening or harassing text messages. Plaintiff’s claim against Xtreme in the underlying case sought $800,000 in compensatory damages (within Steadfast’s $1…
May 14, 2019 | Blog | Chronic back pain can make it difficult to do everyday things like walking, lifting, or even focusing on a task. If you’re unable to work because of degenerative disc disease and your doctor supports your decision, you may be eligible for short-term or long-term disability insurance benefits. Unfortunately, back-related disability claims are often disputed by the insurance company. Confusion about the severity of your symptoms, conflicting medical opinions, and other factors can all affect your ability to obtain benefits. To learn more about degenerative disc disease and disability claims, keep reading. What Is Degenerative Disc Disease? Over time,…
May 7, 2019 | Blog | Filing a disability insurance claim is a complex process that can have life-changing results, and hiring the right lawyer is crucial to your claim. However, not all disability lawyers share the same priorities or approaches. If you are filing a disability insurance claim, you’ll want to make sure that you hire a lawyer who is qualified, communicative, and considerate. We’ve compiled five essential questions to ask a disability insurance lawyer to help you decide whether they are right for you. 1. Where Is Your Office Located?  While this may seem like a basic question, it’s essential to ensure that your lawyer has a local office. If you can’t…
The lower Court in Vazquez v. Jan-Pro Franchising International, Inc. (9th Cir. 17-16096 5/2/19) had rendered a decision in a decade-old class action. Subsequently, last year in April 2018, the California Supreme Court decided Dynamex Operations West v. Superior Court (SC S222732 4/30/18). The landmark Dynamex decision severely limited businesses’ classification of an independent contractor in the California wage and hour context. On May 2, 2019, the United States Court of Appeals for the Ninth Circuit in Vazquez et al. v. Jan-Pro Franchising International, Inc. strengthened the Dynamex decision by applying it retroactively. This makes it more difficult for businesses…
Washington Court of Appeals Highlights Limitations on Third-Party Standing to Bring Bad Faith and Statutory Claims Against Insurers After her condo unit was damaged by fire and water, Gretchen Michels sued Farmers Insurance Exchange, her condominium association’s insurer, for bad faith and violations of the Washington Consumer Protection Act. As required by the Washington Condominium Act, the condominium association had purchased the Farmers policy to provide coverage to unit owners for liability arising out of their interest in common elements in the building. As such, the condominium association was the named insured under the policy, with “insured” defined to include…
It is a pivotal moment when the United States Supreme Court addresses data breach cases. There was a time when people said that cyber security would be like “Y2K” and any preparations for cyber issues would suffer the same embarrassing fate as buying a generator to prepare for “Y2K.” There is no need to get too emotional, but there is no reasonable dispute that privacy issues are now just a part of our lives. April 24, 2019 is a watershed moment in privacy law when the U.S. Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, 2019 1780275 (April
Apr 23, 2019 | Blog | As you prepare to file a disability insurance claim, you might hear a lot of conflicting opinions about whether you need a lawyer. While you may be tempted to postpone hiring an attorney, it’s typically in your best interest to consult with one before you file a disability claim — rather than at the end of the process. Below, Bryant Legal Group explains why hiring a disability lawyer early on in the process can strengthen and streamline your claim. Your Administrative Record Can Make or Break Your Disability Claim If you’re filing for…
Apr 16, 2019 | Blog | Globally, depression is the number one cause of disability. While mental health conditions are finally getting the attention they deserve, long-term disability (LTD) insurance companies are still reluctant to approve and pay claims related to depression and anxiety. If you’re considering an LTD claim for depression or anxiety, you need to review your plan documents carefully and prepare your evidence. Keep reading to learn more about the essentials of a successful mental health LTD claim. What Is Depression? Depression is much more than just feelings of sadness. You may suffer from major depressive…
While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal information. Many industries are building on the foundation set by state and federal guidelines by creating industry-specific cyber standards. For example, various organizations in the insurance industry are taking steps to ensure their members have guidance on cyber security. The Insurance Industry’s Data Protection Standards The National Association of Insurance Commissioners (“NAIC”), an organization that coordinates the efforts of…