If an insurance company is unfairly or unreasonably handling your claim, be aware that there are strict deadlines, known as statutes of limitations, by which you must take legal action. In my previous post, Why Time Matters Differently in Colorado for Homeowners, Business Owners, and HOAs, I discussed deadlines for filing a contractual breach of insurance policy lawsuit. In this post, I review the statutory framework establishing the Colorado statute of limitations related to filing a legal action for common law bad faith and unreasonable delay/denial of insurance benefits.

Continue Reading Statute of Limitations in Colorado Insurance Bad Faith and Delay/Denial Cases

As we approach the 24-month milestone from the catastrophic Marshall Fires on December 30, 2021, many property owners face the imminent expiration of their Additional Living Expenses (ALE) coverage.

Continue Reading The Clock Is Ticking: Understanding the Need for Extended ALE Coverage After the Colorado Marshall Fires

American federal trial judges are generally best of the breed lawyers. But even they are limited to where the balls are thrown and what batters swing at in competitive property insurance litigation. This post is a follow-up to yesterday’s, Does Colorado Require Matching? Is Matching a Coverage Issue or a Factual Issue For an Appraisal Panel? 

Continue Reading Is Hail Damage Involving Matching an Issue For an Appraisal Panel or Courts In Colorado? Can and Should a Late Paying and Underpaying Insurer Escape Accountability For Bad Faith in Colorado?

The answer to this question is found in an earlier blog post, An Insurer’s Obligation to Match: Comparable Materials and Quality, written by Jon Bukowski six years ago. A Colorado federal court opinion involving appraisal, matching, and bad faith rendered last week is the reason for this post about matching.1 I have another post dealing with the other aspects of that case tomorrow.           

Continue Reading Does Colorado Require Matching? Is Matching a Coverage Issue or a Factual Issue For an Appraisal Panel?

The Colorado Division of Insurance gets a positive shout-out for seeking the public’s perceptions and concerns regarding insurance. It has recently scheduled three public events to obtain input regarding insurance affordability. The notice for these events states in part:

Continue Reading Colorado Division of Insurance Seeks Input Regarding Insurance Affordability 

Ever get the feeling that where you are or what you are reading about is somewhere you have been? While reading the Marshall Fire Investigative Summary and Review, I kept thinking about where I was while watching and learning from Dan Whalen and his team at the Marshall Fire Town Hall, which I noted in What Were the Causes of the Marshall Fire? The bottom line is that Dan’s team’s theory of loss is very similar to the results of the criminal investigation. The insured and uninsured victims of the Marshall Fire have valid claims against Xcel Energy.    

Continue Reading Marshall Fire Investigation Disclosed –Findings Just as Dan Whalen Explained!

Yesterday, while I was busy in a Denver federal court successfully arguing against attorneys for State Farm on most points, the Colorado Division of Insurance announced a new regulation1 to provide some relief to policyholders suffering from the historic Colorado wildfires that have struck this beautiful state over the past several years.  

Continue Reading Colorado Establishes a New Rule Regarding the Time Frames for ALE and to Replace Property

How many apartment complexes and other structures have dangerous residue from smoke, and the landlord does not want to find out how bad it is for fear of losing tenants? A proposed Colorado law takes aim at this difficult issue.

Continue Reading Urban Wildfire Damage Requires Full Investigation and Testing to Determine if a Structure Is Safe for Occupancy

Colorado Revised Statutes Section 10–3–1115 prohibits an insurance company from unreasonably delaying or denying payment of a claim for benefits owed to a first-party claimant. C.R.S. § 10–3–1115(1)(a). Section 10–3–1116 further provides that “[a] first-party claimant as defined in section 10–3–1115 whose claim for payment of benefits has been unreasonably delayed or denied may bring an action in a district court to recover reasonable attorney fees and court costs and two times the covered benefit.”1 An insurer’s delay is unreasonable “if the insurer delayed or denied authorizing payment of a covered benefit without a reasonable basis for that action.”2
Continue Reading What is the Bad Faith Standard Under the Colorado Insurance Code?