Insurance

Oct 15, 2019 | Blog | As you prepare your application for long-term disability (LTD) benefits, you’ll quickly realize how important your doctors’ opinions are to your claim. Unfortunately, many people are uncomfortable discussing their disability with their doctors and avoid these crucial conversations. In this article, Bryant Legal Group suggests some ways you can broach the topics of your disability and functional capacity with your doctor. Keep reading to learn more. Your Doctors’ Opinions Carry Significant Weight in a Long-Term Disability Claim When you apply for long-term or short-term disability, you will have to outline your limitations and…
Oct 8, 2019 | Blog | When they can no longer work, many people turn to their MetLife long-term disability insurance. Unfortunately, the company denies a large number of claims each year, and many deserving people are left in financial limbo. Before you give up and accept MetLife’s decision, you should always consult with a respected disability insurance lawyer at Bryant Legal Group. We have extensive experience with MetLife disability insurance appeals, and can help you understand your legal options. Keep reading to learn the essential steps you should take after a disability insurance denial. MetLife Is a…
The recent decision in Kimbriel v. Abb, Inc.,19-CV-215 (October 1, 2019), provides insight into how far privacy law has developed in a short time. A couple of years ago there was little guidance as to what a plaintiff needed to establish standing in a data breach case. Many data breach lawsuits were dismissed as courts found the nexus between the breach and the alleged damages to be too weak or speculative to support a viable cause of action. The Kimbriel decision provides a “range” for plaintiffs to show they have standing to bring a lawsuit after a breach. First,…
In Cincinnati Ins. Co. v. H.D. Smith Wholesale Drug Co., Case No. 12-3289 (C.D. Ill. Sep. 26, 2019), the court held that Cincinnati Insurance Company (“Cincinnati”) owes coverage for H.D. Smith’s settlement of a lawsuit filed by the State of West Virginia arising out of the opioid crisis (“the West Virginia Lawsuit”). Three years ago, the Seventh Circuit held that Cincinnati owed a duty to defend H.D. Smith in the West Virginia Lawsuit in one of the few published opinions weighing in on whether opioid-related claims may be covered under commercial general liability insurance policies. Relying heavily on…
Oct 1, 2019 | Blog | When you research disability insurance benefits, most of the information you’ll find addresses employer-sponsored disability plans. However, many people, especially self-employed individuals, purchase private or individual disability insurance as a safety net. You might not realize that private long-term disability (LTD) insurance claims involve a different set of rules than their employer-sponsored counterparts. In this blog, the team at Bryant Legal Group answers five of our clients’ most frequent questions about individual disability insurance. 1. What’s the Difference Between Private Disability Insurance and ERISA Plans? If you’ve been researching disability insurance claims,…
The Illinois Appellate Court for the First District recently ruled that Illinois’ personal jurisdiction precedent was not overruled by recent decisions made by the United States Supreme Court. Schaefer v. Synergy Flight Center, LLC, 2019 IL App (1st) 181779 (1st Dist. 2019). Specifically, the appellate court ruled that the 2013 Illinois Supreme Court case of Russell v. SNFA, 2013 IL 113909 (2013), which held that Illinois had personal jurisdiction over a French company whose parts were in an air ambulance helicopter that crashed in Illinois and killed the pilot, was not overruled by the 2017 U.S. Supreme Court case of…
Sufferers of migraine headaches, like many people with “invisible” conditions, frequently have their symptoms misunderstood and minimized. However, if you’re one of the 2 million people in the United States who live with migraines, you know exactly how debilitating and frustrating they can be. Many people who suffer from chronic migraines can’t work consistently, which may eventually force them to apply for long-term disability (LTD) benefits. In this article, we’ll explain the basics of how migraine-related long-term disability claims work. Keep reading to learn more. What Is a Migraine? Migraines are recurrent headaches that often cause severe, debilitating symptoms. A…
For a number of years, it has been clear that data collectors face a patchwork of privacy regulations that may give rise to contradictory obligations. A recent case involving the disclosure of private information of student loan borrowers provides one of the first examples of how courts may deal with situations where a data collector has competing obligations related to the same private data. As a servicer of federal student loans, the Pennsylvania Higher Education Assistance Agency (“PHEAA”) found itself torn between the Connecticut Department of Banking (“Department of Banking”), its state regulator and the United States Department of Education…
Sep 17, 2019 | Blog | If you’re like many Illinois residents, you have employer-sponsored benefits from Lincoln Financial Group — and you may be running into red tape or other difficulties with your insurance adjuster. At Bryant Legal Group, we have extensive experience handling Lincoln Financial long-term disability (LTD) claims, and we want to share our unique insights. Keep reading to learn more about Lincoln Financial Group, its history of delaying claims, and how you can improve your chances of a successful LTD appeal. Lincoln Financial: One of the Largest Disability Insurance Companies in the Country Founded…
Artificial intelligence (AI) allows computers to mimic tasks typically performed by humans. The use of AI in many industries results from its ability to digest a large volume of data in a short amount of time. The insurance industry has great potential to use AI to provide more personalized solutions for customer needs. Kara Pike, an associate in the firm’s Insurance Practice, talks about how companies may use AI in the distribution of insurance, as well as regulatory concerns that have been raised. [embedded content] For more information on our InsurTech Practice, click here.…
Insurers Beware: Choice of Law Provisions May be Overridden by Public Policy Provisions In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a fundamental public policy for the purpose of choice of law analysis; and 2) if so, whether the notice-prejudice rule applies to the consent provision of the insurance policy in the case before the court. Pitzer College v. Indian Harbor Insurance Company, 2:13-cv-05863-GW-E (Cal. 2019). The “notice-prejudice rule” requires that if an…
In Illinois Tool Works, Inc. v. Ace Specialty Ins. Co., 2019 IL App (1st) 181945, the Illinois Appellate Court upheld the lower court’s grant of partial summary judgment to two insurance companies holding that the insurers had no duty to defend an insured in a pre-suit mediation of environmental contamination claims as said claims did not constitute a “suit” within meaning of the applicable commercial general liability (“CGL”) policy. On appeal, the court also distinguished the case from its 1997 holding in Benoy Motor Sales, Inc. v. Universal Underwriters Ins. Co., 287 Ill. App. 3d 942 (1st
Sep 10, 2019 | Blog | Severe neck pain is one of the most debilitating and frustrating conditions a person can experience. It’s not uncommon for neck pain sufferers to struggle to keep up with the physical and mental demands of their jobs, which may force them to file for long-term disability (LDA) benefits. However, before you file for disability insurance benefits, it’s always a good idea to go over your medical conditions and abilities as well as other factors that might affect your claim — preferably with help from an experienced disability lawyer. In this article, we’ll…
In Navigators Ins. Co. v. American Home Assurance Co., 2019 WL 2583253, — S.W.3d —- (Mo. Ct. App. 2019), the Missouri Court of Appeals held that a commercial general liability insurance policy provided no coverage for claims that an electrical cooperative wrongfully installed fiber optic cable on electrical transmission easements. The court held that there was no “property damage” coverage because the use of the easement did not involve tangible property damage and there was no “personal and advertising injury” coverage because the electrical cooperative was not the “owner” of the property on which it was alleged to…
Sep 3, 2019 | Blog | Sleep is essential to our overall health. Studies show that when we get less than seven hours of sleep each night, we’re more likely to suffer from chronic health conditions like heart disease, diabetes, obesity, and depression. Sadly, about a third of people in the United States consistently get less sleep than they need. While some people suffer from sleep deprivation due to long nights at the office, lifestyle choices, or the demands of raising a family, others can’t get enough sleep because of medical conditions like obstructive sleep apnea (OSA). When these…
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…