Colorado’s statutory bad faith cause of action can be brought in addition to a claim against the insurer to recover an owed contractual benefit. More importantly, as Jonathan Bukowski discussed in a previous blog post, a cause of action under Colorado’s bad faith statute is not limited to a wronged policyholder, but can be made by vendors of the policyholder, such as roofers or restoration contractors.
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Insurance companies hate producing its claims guidelines, loss ratios, and other relevant documents in bad faith litigation. Recently, a Nebraska federal trial court denied Owners Insurance Company’s request to bifurcate my client’s bad faith claim from its breach of contract claim. This ruling prevents unnecessary costs and delay and will allow the insured its day in court much faster.
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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 for the depreciation of labor.
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Cold and snowy weather during the winter of 2013-2014 set numerous records in many parts of our country. Before the cold and snowy arctic weather could fade out as a distant memory, Mother Nature was back at it—treating some regions to extreme cold and snowy conditions since early fall/ late summer.


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Five tips to make sure your insurance coverage is not voided:

  1. When you are shopping for insurance coverage be sure to carefully read the underwriting section of the application.
  2. Don’t assume your insurance agent has filled out the correct information for personal questions, including your financial background and prior insurance.
  3. Don’t assume your insurance agent has filled out the correct information for questions asking about fences, trampolines, diving boards, dogs, etc.
  4. Accurately and honestly answer these “underwriting questions.”
  5. If your insurance company says they will only offer coverage to you if you remove a liability to your property, they mean it.


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Helping policyholders when their home or business has been damaged or destroyed can be especially heart wrenching during the holidays. Due to the way some insurance companies handle claims, some of our corporate clients cannot run their businesses or run them at max efficiency during this holiday season. Many of our homeowners with damaged or destroyed homes were eating Thanksgiving dinner at a place that was nothing like “home.”


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A $3.2 million multistate market conduct examination settlement agreement has been reached with Sun Life Insurance Company. As part of the settlement, Sun Life has agreed to a number of business practice reforms concerning its use of the Social Security Death Master File database. Sun Life joins 13 other life insurers that agreed to reform business practices to use the Death Master File database to search for deceased policyholders and make benefit payments.


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