Insurance

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,…
Jun 25, 2019 | Blog | If you’re living with heart disease and struggling to maintain steady employment, you’re not alone. Every 40 seconds, someone in the United States has a heart attack. Nationwide, we lose hundreds of billions of dollars in productivity every year due to cardiac issues like coronary artery disease and heart failure. At Bryant Legal Group, we understand how deeply these conditions can impact your life, finances, and future. That’s why we help people with heart disease file their long-term disability claims. Below, we outline the essentials that every heart disease survivor needs to…
The law related to Illinois Biometric Information Protection Act (“BIPA”) came to a halt over the last year or so while the Illinois Supreme Court analyzed what constitutes an injury under the Act. As expected, courts have started to once again visit the various legal issues related to biometric data now that the Rosenbach decision has been issued. Now that BIPA cases are moving through the courts again, one major issue will be what is the proper venue for these cases as many BIPA claims intertwine state and federal laws. The Seventh Circuit recently undertook an analysis of the Illinois…
Jun 18, 2019 | Blog | Someone in the United States experiences a stroke every 40 seconds. During a stroke, survivors can suffer permanent brain damage that negatively impacts their ability to think, move, communicate, and perform their daily routine. In many cases, survivors can no longer work, so they turn to short-term and long-term disability policies for financial support. If you or a loved one is a stroke survivor considering a disability insurance claim, you may have a lot of questions. Below, the disability professionals at Bryant Legal Group discuss the essentials of a stroke-related disability claim. What…
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…