Insurance

Aug 27, 2019 | Blog | As you prepare a short or long-term disability claim, you’ll face countless questions about your symptoms, limitations, and daily activities. It can be difficult to articulate accurate, honest answers to questions about your ability to stand, lift, and walk. Thankfully, there are tools that can help. At Bryant Legal Group, we suggest keeping a disability journal to help you understand the full extent of your symptoms and limitations, giving you information that may lead to a stronger application for benefits and streamlined claim process. In this article, we explain the essentials of…
In Sterngold Dental, LLC v. HDI Global Insurance Company, ___ F.3d___, 2019 WL 2754185 (1st Cir. 2019), the First Circuit was presented the opportunity to address how to construe “the scope of the so-called intellectual property exclusion (IP exclusion) to the personal and advertising injury coverage under a standard commercial general liability policy (the Policy).” Sterngold manufactures and sells dental products. The Policy obtained by Sterngold by HDI Global Insurance Company (“HDI”) obligated HDI to defend and indemnify Sterngold against claims for damages because of “personal and advertising injury,” and contains the IP exclusion, which excluded coverage for…
There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected and stored. That is, BIPA potentially creates a liability regardless of whether there was a breach of private information. Further complicating matters is the fact that many data collectors that qualify as “financial institutions” or “local and state governments” are exempted from BIPA. A recent motion to dismiss filed by New Albertson’s, Inc. (“Albertson’s), a defendant named in a BIPA…
In Penn National Mutual Casualty Insurance Company v. Beach Mart, Inc., — F.3d —-, 2019 WL 3483167  (4th Circ. Aug. 1, 2019) (North Carolina law), the Fourth Circuit Court of Appeals reversed and remanded a decision of the United States District Court for the Eastern District of North Carolina which found that an insurer’s exclusion precluding coverage for injuries arising out of oral or written publication of material whose first publication took place before the beginning of the policy period abrogated that insurer’s duty to defend its insured in a dispute with a competitor purveyor of beach merchandise.…
Aug 20, 2019 | Blog | The Hartford is a massive insurance company. Founded more than 200 years ago, it is the second-largest provider of group life and disability insurance in the United States. The insurance company expanded significantly in 2017, when it acquired Aetna’s disability insurance business. In 2018, The Hartford made $19 billion in profits. At Bryant Legal Group, we help disabled people navigate their short and long-term disability claims with The Hartford. Over the decades, we’ve learned a lot about the company’s tactics. Keep reading to learn four essential things that every Hartford claimant needs to…
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,…