Illinois Law Prohibits Discretionary Clauses in Insurance Contracts

If you’ve had a legitimate insurance claim denied in Illinois — whether a health insurance claim or a disability insurance claim — then you may find that the insurer justifies their denial on the basis of a discretionary clause written into the policy. Discretionary clauses can vary in function somewhat, but as a general rule, …
Disability Claimants Must Make Reasonable Attempts to Recover

In Illinois, policyholders may have their otherwise legitimate disability claims denied if they fail to exercise reasonable efforts in recovering from their disability (and otherwise mitigating their losses). As a general rule, policyholders must uphold their end of the contractual bargain, so to speak — the insurer is not an absolute guarantor of losses suffered …
Jennifer Danish Appointed to ISBA Standing Committee on Law Office Management & Economics

James F. McCluskey, ISBA President-Elect, appointed Jennifer Danish to serve as a Member of the ISBA Standing Committee on Law Office Management & Economics for 2018-2019 on April 24, 2018. Jennifer has accepted the appointment and is honored to serve in the coming year.
Jennifer Danish Appointed to ISBA Standing Committee on Disability Law

James F. McCluskey, ISBA President-Elect, appointed Jennifer Danish to serve as a Member of the ISBA Standing Committee on Disability Law for 2018-2019 on April 24, 2018. Jennifer has accepted the appointment and is honored to serve in the coming year.
David Bryant Appointed to ISBA Insurance Law Section

James F. McCluskey, ISBA President-Elect, appointed David A. Bryant to serve as a Member of the ISBA Insurance Law Section Council for 2018-2019 on April 24, 2018. David has accepted the appointment and is honored to serve in the coming year.
Insurers Must Act in Good Faith When Handling Claims

In Illinois, and throughout the country, the nature of the insurance business — whether in the health insurance, property insurance, business liability insurance, or disability insurance contexts — is to sign on policyholders while limiting the payout amount in a potentially covered event. Considered from the perspective of the insurance company, success is being able …
On What Basis are Life Insurance Claims Typically Denied?

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

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 …
Insurance Claim Related Litigation

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
Bad Faith Litigation in the Context of Illinois Health Insurance

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 …