Insurance

Dec 12, 2019 | Blog | Insurance companies and their insureds do not interact on a level playing field. The balance of power favors big business. However, when these companies unreasonably deny healthcare claims, they can put you in a precarious and vulnerable position. That’s why insurers owe their policyholders a duty of good faith and fair dealing. At Bryant Legal Group, we help people when their health insurers deny legitimate claims, improperly delay benefits, or otherwise act in bad faith. In this article, we outline everything you need to know about health insurance bad faith claims. When…
Dec 10, 2019 | Uncategorized | If you’re one of the estimated 1.1 million people living with HIV and AIDS in the United States, you know that medical advances have significantly improved your treatment options and quality of life. However, even “manageable” HIV can seriously limit your ability to work and do the things you love. At Bryant Legal Group, we help people living with AIDS and HIV apply for disability insurance benefits. In this article, we discuss the essentials of HIV-related claims and suggest some simple ways you can strengthen your application for benefits. What Is the…
Dec 5, 2019 | Blog | Unlike some states, Illinois law requires that federal courts apply a de novo standard of review in long-term disability (LTD) claims if the coverage was issued or offered in Illinois. Judges can weigh all the evidence in your claim and do not have to defer to the insurance company’s past decisions. However, that doesn’t mean that your appeal will be easy. If an insurance company has denied your long-term disability (LTD) benefits in Illinois, you need to understand how the courts will assess your legal and factual arguments. To learn the essentials, keep…
Dec 3, 2019 | Blog | If you’ve filed a short-term disability claim, you might feel like the insurance company is giving you the runaround or mishandling your claim — and there’s a good chance you’re right. Insurers are fundamentally incentivized to deny, delay, and otherwise mishandle short-term disability claims so that they don’t have to pay out the benefits you deserve. At Bryant Legal Group, we help people throughout Chicago and Illinois with their short-term disability claims. With decades of collective experience, we’ve seen almost every tactic and strategy that insurance companies use against claimants like you.…
Dec 3, 2019 | Blog | If you’ve filed a short-term disability claim, you might feel like the insurance company is giving you the runaround or mishandling your claim — and there’s a good chance you’re right. Insurers are fundamentally incentivized to deny, delay, and otherwise mishandle short-term disability claims so that they don’t have to pay out the benefits you deserve. At Bryant Legal Group, we help people throughout Chicago and Illinois with their short-term disability claims. With decades of collective experience, we’ve seen almost every tactic and strategy that insurance companies use against claimants like you.…
Nov 26, 2019 | Blog | Preparing your disability insurance claim with Prudential Insurance Company of America (Prudential) can be complicated, nerve-wracking, and essential to your future. Unfortunately, this process can go very wrong through no fault of your own. That’s because insurance companies like Prudential often use underhanded tactics to delay or deny valid claims. In this blog, we outline four common Prudential tactics to look out for. Prudential Insurance Has a History of Denying Valid Claims Prudential is one of the world’s largest insurance and financial services companies. In 2018 alone, the company earned more than $58…
Nov 19, 2019 | Blog | If you’re living with a disabling condition, you probably have a long list of symptoms that don’t show up on an x-ray or MRI. These might include fatigue, nausea, chronic pain, depression, and anxiety. While these conditions are very real, disability insurance companies are often skeptical of subjective or self-reported symptoms. In this blog, Bryant Legal Group explores these hard-to-understand symptoms and how insurers try to use them to deny or reduce the value of long-term disability (LTD) claims. What Are Self-Reported Conditions? Self-reported conditions involve symptoms that cannot be objectively confirmed…
It was a quaint, innocent time before social engineering scams, ransomware or any of the other threats had evolved to hassle both large and small data collectors. In 2014 and 2015, large-scale data breaches at Home Depot, Best Buy and Target roamed the Earth. While all that has changed drastically in the last five years, we still have a few fossils providing insight on a time when huge data breaches caused huge damages to companies with huge insurance policy limits. Five years, ago, on September 19, 2014, we posted about Target Corporation’s motion to dismiss a lawsuit filed by a
This summer, two courts weighed in on two California choice of law principles: the “place of performance” of an insurance policy determines which state’s law governs the interpretation of the policy and a California court will not apply another state’s law where the issue is a fundamental rule of public policy. In Arrow Elec., Inc. v. Liberty Mut. Ins. Co., 775 Fed. Appx. 305 (9th Cir. 2019), the Ninth Circuit held that Alabama law applied to a coverage dispute under an insurance policy issued in California arising out of environmental contamination in Alabama, reasoning that the parties intended that…
Nov 12, 2019 | Blog | While only an inconvenience for some, neuropathy can be debilitating for others. Unfortunately, peripheral nerve disorders — such as Guillain-Barre syndrome, carpal tunnel syndrome, and diabetic neuropathy — are sometimes difficult to diagnose and understand. In this blog, Bryant Legal Group discusses the diverse causes of peripheral nerve damage, common treatment options, and suggestions for your long-term disability (LTD) claim. What Are Peripheral Nerves? Your nervous system is made up of two essential parts. First, your central nervous system, which includes your brain and spinal cord, processes and responds to information. Second,…
Nov 5, 2019 | Blog | You’ve filed your application for long-term disability (LTD) benefits, meticulously filling out all the necessary information and submitting all of your relevant medical records. When you get the insurance company’s response, you’re shocked to see a denial of benefits. Unfortunately, the insurance company determined that your disabling conditions were pre-existing. At Bryant Legal Group, we’re used to insurance companies broadly interpreting our clients’ medical records and incorrectly applying pre-existing condition exclusions. Learn how you can fight back to get the LTD benefits that you deserve. 1. Pre-Existing Conditions Can Be Either Mental…
In T-Mobile USA Inc. v. Selective Ins. Co. of Am., No. 96500-5, — P.3d —, 2019 WL 5076647 (Wash. Oct. 10, 2019), the Supreme Court of Washington answered the Ninth Circuit’s certified question regarding whether an insurance company is bound by its agent’s written representation — made in a certificate of insurance — that a particular corporation is an additional insured under a given policy. Under Washington law, the answer is “yes” — an insurance company is bound by the representation of its agent in those circumstances where the agent acted with apparent authority even though that agent’s representation turned…
Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the Northern District of Illinois may limit the number of BIPA cases reaching the federal courts and, in turn, further, limit the development of law addressing BIPA claims. In Colon v. Dynacast, LLC, 19-cv-4561 (N.D. Ill. Oct. 17, 2019), the Plaintiff, Colon, filed a motion to remand the matter from the Federal Court back to the Circuit Court of Cook County,…
Recently, the Chicago Tribune reported on a data breach involving student data stored by Pearson Clinical Assessment that may have involved a number of students at Illinois schools. On September 5, 2019, the parent of a student at Indian Prairie School District 204 in Naperville, Illinois filed a class-action lawsuit against Pearson Clinical Assessment – the education publisher that suffered a massive data breach in November 2018 exposing the personal information of thousands of teachers and students across the country. As schools increasingly use online services and other technologies to help students learn, the ability to provide adequate protection of…
Oct 22, 2019 | Blog | Most of us will experience knee pain during our lifetimes. This pain can stop us from doing the things we love, and it can even rule out simple activities like taking a walk or sitting down comfortably to read a book. When knee pain gets this severe, a knee replacement may offer much-needed relief. However, not everyone who undergoes a total knee replacement can return to work and enjoy their life as they knew it. In these cases, long-term and short-term disability insurance can help. To learn more about knee replacement and disability…
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading → The post Number of Occurrences for Toxic Torts appeared first on Commercial General Liability Dispatch.…