Tag Archives: Colorado

Colorado Hail Storm Seminar

Colorado Springs was hit by epic hail storms this past July. Reports noted tennis ball size hail and citizens shoveling away hail as if it were a snowstorm. A massive number of hail storm insurance claims resulted. As sure as the sun rises, disputes about how much is covered and the amount owed under the … Continue Reading

RMAPIA presentation on Colorado’s Homeowners Insurance Reform Act

Last week, Corey Harris and I had the pleasure of speaking at the RMAPIA (Rocky Mountain Association of Public Insurance Adjusters) annual meeting. This organization consists of Public Adjusters who work in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming. We covered many topics, including Colorado’s Homeowners Insurance Reform Act of 2013. This … Continue Reading

Fair and Impartial Appraisers in Colorado

A daily topic of conversation among those who work property damage claims is the appraisal process. As most of you know, most insurance contracts contain a clause that states that if there is disagreement between the insured and insurer on the claim handling process that either party may invoke the appraisal process. Each party selects … Continue Reading

“Fairly Debatable” and “Two Times the Covered Benefit” Under Colorado law

“Fairly debatable” bad faith claims The term “fairly debatable” is frequently discussed in the context of bad faith claims in Colorado. In Sanderson,1 the district court and appellate court had different ideas as to the meaning of the phrase. They looked to the Arizona Supreme Court’s statement2 that “[w]hile it is clear that an insurer … Continue Reading

The Theft/Burglary Exclusion in Colorado

An order was recently handed down in Colorado federal court interpreting a policy theft exclusion.1 The plaintiff owned and insured a manufacturing facility. The policy provided coverage for damage caused by vandalism or malicious mischief, defined as "the willful and malicious damage to or destruction of the property covered." It excluded coverage for loss "by pilferage, … Continue Reading

The End of Limiting Language in Homeowner’s Insurance Policies in Colorado

Since my last blog dealt with statutes of limitation, I thought it fitting to discuss a relatively new statute in Colorado, C.R.S. §10-4-110.8. This statute was effective as of January 1, 2014. It provides definitions of certain words, such as “additional living expenses coverage,” “claim,” and “recoverable depreciation,” among others. It also states that an … Continue Reading

Rocky Mountain Property Insurance Losses Can Be Thrilling

"Pull up, pull up! Terrain Ahead! Terrain Ahead!" Not exactly what I wanted to hear from the computerized navigation equipment aboard public adjuster Scott deLuise‘s "experimental" turbine single engine plane while flying over the Colorado Rocky Mountains. Being a very experienced private plane passenger, I looked up, noticed snow capped peaks higher than us on … Continue Reading

Proving and Winning a First-Party Bad Faith Case in Colorado, Part 2

In a previous post regarding proving a first-party bad faith case in Colorado, I wrote about C.R.S. §§10-3-1113 and 10-3-1104. These statutes provide the first place to look when taking actions in representing policyholders, and provide guidance regarding the questions I ask in letters to claims representatives. They also provide a road map during the … Continue Reading
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