Tag Archives: Colorado

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

Depositions versus Examinations Under Oath

A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule of Civil Procedure 30 that states … Continue Reading

Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders

On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense coverage–copies of policies–personal property contents coverage–inventory … Continue Reading

Colorado’s Unreasonable Delay Statutes

As promised in my post, Statute of Limitations in Colorado, this week I will discuss Colorado’s unreasonable delay statutes. In Colorado, insured’s have a cause of action they can utilize when pursuing a claim for benefits due after a loss pursuant to their policy of insurance. Colorado Revised Statute Section 10-3-1115(1)(a) states: A person engaged in … Continue Reading

What Constitutes a Total Loss in Colorado?

Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their home was spared heavy damage.… Continue Reading

Insurer’s Duty of Good Faith Cannot Be Delegated To Third Parties

Several weeks ago, I analyzed the Defense Bar’s latest attempt to increase the costs of litigation for policyholders. In my December 13, 2012, post, Winning a Discovery Battle in Bad Faith and C.R.S. 10-3-1115 Cases Against Insurers, I noted the Colorado Defense Bar’s latest litigation tactic—attempting to designate nonparties at fault and apportioning damages resulting … Continue Reading

Finally, An Appraisal Award! Now What If The Insurance Company Won’t Pay It?

Colorado case law on property insurance appraisal is sparse. Colorado case law on enforcing appraisal awards is non-existent. So, if a policyholder receives a final appraisal award and the insurance company won’t pay it, a policyholder must likely file a lawsuit against the insurer to receive payment. Policyholders in Colorado are forced to look to … Continue Reading

Calculation of Damages Under Colorado’s Insurance Prompt Payment Statutes, C.R.S. 10-3-1115 and 10-3-1116: Part IV

As discussed in my prior posts on August 10, 2011, February 16, 2012, and August 16, 2012, Colorado law on calculation of C.R.S. § 10-3-1116 statutory penalties is slowly developing. The Prompt Payment statutes, CRS §§ 10-3-1115 and 10-3-1116 (the “Statutes”), provide remedies to certain first-party insurance claimants, including recovery of two times the covered … Continue Reading

Prevent Insurance Defense Counsel From Presenting Junk Science To The Jury

In Colorado, insurance companies often deny claims based on exclusions for “wear and tear,” “repeated seepage and leakage,” or “failure to maintain.” Often insurance companies will hire experts to examine the property months or years after a loss, hoping the expert is willing to perform an outcome oriented examination—aimed at substantiating the insurance company’s denial … Continue Reading

Insurers’ Pattern And Practice Of Hiring Independent Adjusters Known To Have Previously Disregarded Insurers’ Claims Handling Guidelines

I recently deposed corporate representatives from American Family, Auto Owners, State Farm and Allstate Insurance Companies and received the following admissions from some of those corporate representatives: the independent adjuster (often catastrophe adjusters) failed to follow key aspects of the insurers’ own claims handling guidelines;   the independent adjuster failed to properly document the claims … Continue Reading

Update: Appraisal Includes Scope Of Loss And Causation

Yet another Colorado District Court ruled that “amount of loss,” as that phrase is used in property insurance policy appraisal provisions, means during appraisal, the appraisers and umpire must be able to determine the scope of loss resulting from the covered cause of loss. By necessity, that means appraisers must make some determinations as to … Continue Reading

Colorado Wildfire Victims Experiencing Difficulty with Insurance Companies

Last week, Chip Merlin commented on the emotional impact of catastrophes, especially when insurers fail to deliver benefits or treat their policyholders unfairly. Indeed, policyholders facing great losses turn to their insurers in their greatest time of need and expect that the insurers deliver. Unfortunately, as we have seen before, insurers do not always come … Continue Reading

Insurers Successfully Lobbied For A Law That Substantially Burdens All Restoration Contractors: C.R.S. § 6-22-101 (Formerly Senate Bill 38) Hurts Businesses

Earlier this year, insurance companies (and the Colorado legislators beholden to them) passed Senate Bill 38, now codified at C.R.S. § 6-22-101 et seq. Despite our best efforts to amend or defeat Senate Bill 38 (see my earlier posts on 2/22/12; 3/1/12; 3/7/12; 4/13/12; 4/19/12; and 5/2/12), insurance company lobbyists were able to strong-arm the … Continue Reading