During the recent Summer 2018 RMAPIA Conference, Larry Bache and I had an opportunity to discuss regulations and remedies available to first party policyholders within the RMAPIA states. Continuing that discussion, this post will review the legal remedies available to Idaho policyholders enduring the frustration of a delayed or denied insurance claim. Fortunately, Idaho provides several remedies to assist policyholders in their efforts to recover insurance benefits due and owing under an insurance policy.
Continue Reading Idaho Denied or Delayed Property Damage Claims

Representing licensed public insurance adjusters operating in Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming, the Rocky Mountain Association of Public Insurance Adjusters celebrates its fifth year in 2018. In just two short weeks, RMAPIA is holding its annual Fall Meeting and Seminar on August 24th in Denver at the Hilton Garden Inn Cherry Creek.
Continue Reading Rocky Mountain Public Adjuster Association Education Seminar

Photo by Kate Wiltshire / AP

Property insurance is purchased to help protect an insured with the consequences of a natural disaster or serious storm. Far too often we hear from confused policyholders when their insurance carrier attempts to delay payment of a valid covered claim or unreasonably delays the payment of covered benefits. Fortunately, Wyoming provides several legal avenues to recover those improperly denied or delayed benefits.
Continue Reading Wyoming Denied or Delayed Property Damage Claims

As discussed in a previous post, Colorado allows policyholders—even repair vendors such as contractors or roofers where there has been an assignment of insurance benefits—to bring a cause of action for bad faith where an insurance company unreasonably delays or denies the payment of covered insurance benefits.1
Continue Reading Court Says Claims for Unreasonable Delay or Denial of Insurance Benefits Can Be Filed Beyond One Year

Whether your insurance company forced you to sift through soot and ash, trying to recollect what has just been stolen, or trying to identify items damaged by water, going through damaged contents and creating an inventory is an emotionally draining experience that typically comes with little to no guidance by the insurance company. After spending countless hours substantiating lost personal property contents, the insurance company responds with random, and sometimes substantial reductions in the value of the personal property for depreciation, often with little to no explanation as to how it arrived at that conclusion.
Continue Reading Explaining Depreciation of Personal Property Contents in Colorado

Image courtesy of NWS-Lubbock

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

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, the District Court of Colorado recently issued an opinion rejecting this majority rule in first-party insurance contracts and instead applying the Traditional Notice Rule:
Continue Reading The Importance of Promptly Providing Notice of Loss

Initiated Ordinance 300 – better known as the Denver Green Roof Initiative – was passed in November 2017 with a total of 137,917 votes. The ordinance requires that all buildings within the City and County of Denver in excess of 25,000 square feet, must now dedicate a percentage of the building’s roofing area to a combination of vegetative space and solar. Unlike larger cities with similar requirements, such as San Francisco or Toronto, Denver’s Initiative applies both to new buildings as well as existing buildings at the time of roof replacement or major repair. While certain limited exemptions do exist,1 all exempted buildings are required to provide a cash-in-lieu payment to the Denver Office of Sustainability equal to the cost of constructing the green roof.
Continue Reading Denver’s Green Roof Initiative Could Bring Expensive Consequences for Unwary Policyholders

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

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