Business Overhead Expense Insurance — Wrongful Denial of Your Claims

Mar 23, 2018 | Blog |

Business overhead expense (BOE) disability insurance — otherwise known as business expense insurance — serves as replacement “resources” in the event that the policyholder is disabled and is rendered incapable of working, thus resulting in diminished revenues.  BOE insurance is generally purchased in situations where one (or a few) individuals are responsible for generating business revenue, or are otherwise critical to the basic functioning of the business at-large.  For example, a small consulting business with four employees might purchase BOE insurance for its top consultant, as, in the event that the consultant is disabled for a period of time, a […]

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What Conditions Automatically Qualify You as Disabled?

Mar 16, 2018 | Blog |

If you are currently suffering from a debilitating medical condition, then you may be entitled to recover disability benefits pursuant to your private disability insurance policy.  As a general rule, insurers look for any possible justification to deny, delay, or undervalue disability insurance claims, but if your condition qualifies automatically for disability benefits, then you will be at a significant advantage when attempting to recover such benefits. Normally, “automatic qualification” for disability benefits is associated with Social Security Disability Insurance (SSDI), where, if an individual is suffering from one of a long list of severe illnesses, injuries, and other conditions […]

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To Assert or Not To Assert Assignment in Out-Of-Network Payer/Provider Disputes

Mar 14, 2018 | Blog |

By: Andrew B. Bryant Two recent federal district court cases highlight the importance of properly pleading (or not pleading) assignment of rights in an out-of-network provider’s state law complaint for payer reimbursement. In the Southern District of New York, plaintiff/provider filed suit in state court against Aetna, bringing various state law claims based upon the insurer’s alleged failure to pay usual and customary charges for two medically necessary surgeries performed by the out-of-network provider. Aetna removed the matter to federal district court, asserting federal question jurisdiction via the position that the provider’s claims were preempted by ERISA. While ERISA claims […]

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On What Basis are Life Insurance Claims Typically Denied?

Mar 9, 2018 | Blog |

When a life insurance claim is denied, delayed, or otherwise handled in a way that prevents the rightful beneficiaries from securing the benefits to which they’re legally entitled, it can leave the beneficiaries in a highly vulnerable position.  Not only must a beneficiary shoulder the emotional burden of grieving (and readjusting to a life without their loved one), but if their legitimate life insurance claim is denied, the beneficiary must also come face-to-face with serious financial ramifications — this is especially true in situations where the deceased person provided financial support during their lifetime. Common Reasons for Life Insurance Claim […]

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Under What Circumstances Can Your Health Insurance Claim Be Reasonably Denied?

Feb 28, 2018 | Blog |

Insurers frequently deny health insurance claims, for a variety of reasons — some justified, and some with minimal basis in reality.  As a policyholder, it’s important that you recognize that your insurer is not your ally.  Throughout the claims process, your insurer may attempt to minimize their liabilities by consistently undermining the legitimacy and extent of your claim.  In some cases, your insurer may even unreasonably delay or otherwise interfere with the processing or payout of a health insurance claim. The denial of your health insurance claim can put you in an unenviable position.  Substantial costs can accrue, and without […]

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Understanding How Short-Term Disability Benefits Work

Feb 28, 2018 | Blog |

Short-term disability benefits are available either independently, through a private insurance plan, or through one’s employer, and serve as a limited wage replacement during a temporary disability period — for example, following an unexpected accident.  Short-term disability benefits can be rather confusing for those who are unfamiliar with the process of filing a disability claim, as many would-be claimants may not realize that they are eligible to receive benefits.  Oftentimes, eligible claimants assume that they are not entitled to receive disability benefits unless they are suffering from a long-term or permanent disability. How Does Short-Term Disability Work? Requirements Requirements may […]

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Insurance Claim Related Litigation

Feb 27, 2018 | Blog |

David A. Bryant attorney with Bryant Legal Group PC interviewed by HaystackID‘s CISO, Lee Neubecker on Artificial Intelligence and the role computer bots play in rejecting insurance claims. Bryant discusses his past successful use of Neubecker’s Computer Forensics consulting services to achieve results for his clients. Video available: https://youtu.be/Wj3UveYr0_M

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Bad Faith Litigation in the Context of Illinois Health Insurance

Feb 23, 2018 | Blog |

In Illinois, and elsewhere, health insurers often act in such an unreasonable manner (that controverts with the expectations of legitimate claimants) that it puts the policyholder-claimant in a particularly difficult, vulnerable position.  Health insurers are always looking to minimize their liabilities, and they do so in a number of different ways: sometimes by denying coverage altogether, and sometimes by undervaluing the claim.  Depending on the circumstances, a health insurer may even choose to delay a payout owed to the policyholder. Importantly, statutory and common law in Illinois protects those whose health insurance claims have been wrongfully handled by their insurer.  […]

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Delays in Disability Insurance Claims — At What Point is a Delay Unreasonable?

Feb 16, 2018 | Blog |

In Illinois, as in most other jurisdictions across the country, disabled policyholders (and policyholders in types of insurance contracts) are entitled to sue and recover damages pursuant to a bad faith cause of action when the insurer delays in determining coverage, paying out a legitimate claim for benefits, or otherwise processing the claim.  Many policyholders may not be aware that their disability insurance claims must be handled in a manner that does not lead to unreasonable delays — insurers have a duty of good faith that applies not just to the determination of whether to affirm or deny coverage, but […]

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Bryant Legal Group - Chicago Healthcare and Disability Attorneys

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