Jonathan Bukowski

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Time Limit Considerations as Colorado Approaches the One Year Anniversary of the May 8, 2017 Hailstorm

  With less than sixty days until the one-year anniversary of the most expensive hailstorm in Colorado history which hammered west metro Denver on May 8, 2017, many individuals, business owners, and community associations members continue the difficult task of negotiating with insurance companies in an effort to return property to pre-storm conditions.… Continue Reading

The Importance of Promptly Providing Notice of Loss

Most property insurance policies require that the insured must provide “prompt” notice of a loss as soon as possible after a covered loss. While many states throughout the country have adopted the Notice-Prejudice Rule which prevents an insurer from denying a claim unless it can demonstrate actual prejudice resulting from the delayed notice of loss, … Continue Reading

The Importance of Identifying Time Limitations Within Colorado Insurance Policies for Filing Suit

While Colorado Revised Statute § 13-80-101(1) provides that a lawsuit based on a breach of contract must be brought within three years after the cause of action accrues, Colorado allows insurance companies to shorten this period within the insurance contract to as little as six months from the date on which the damage occurred.1 Most … Continue Reading

Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis

While many carriers continue their attempt to exclude overhead and profit from property damage claim payments made on an actual cash value basis, the majority approach across the United States has been to include general contractor overhead and profit in actual cash value payments for losses where repairs would be reasonably likely to require a … Continue Reading

Colorado Allows Contractors to Bring Statutory Bad Faith Claim as First-Party Claimant

With its 2008 enactment of Colorado Revised Statute § 10-3-1115 and § 10-3-1116, Colorado has created one of the country’s strongest statutory bad faith causes of action. What makes Colorado’s bad faith statute even more exceptional is that it allows a repair vendor, such as a roofer or restoration contractor, to assert a claim for … Continue Reading

An Insurer’s Obligation to Match: Comparable Materials and Quality

Policyholders purchase property insurance and pay lofty premiums with the intention of their insured property being restored to where it was prior to a loss. But what happens when the loss affects only a portion of the siding or has destroyed only a handful of discontinued roofing tiles? Is the policyholder forced to accept mismatching … Continue Reading

Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial

In August 2008, Colorado created a statutory bad faith claim of action for first-party policyholders not only separate and distinct from a claim for common law bad faith breach of an insurance contract, but establishes a much more reasonable threshold to prevail against an insurer under Colorado Revised Statute § 10-3-1115 and Colorado Revised Statute … Continue Reading

Colorado Joins a Growing List of Jurisdictions Allowing Depreciation of Labor Costs When Determining Actual Cash Value

While I often argue that depreciating labor simply does not make sense, insurers continue to push the question of whether the depreciation of labor costs in Actual Cash Value policies is acceptable. Though several jurisdictions have rejected the depreciation of labor, surprisingly, the recent trend of jurisdictions touching upon the subject has been to allow … Continue Reading
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