Photo of Timothy Burchard

Prior to joining Merlin Law Group, Tim began his career as a consultant examining one of the largest banks in the country for malfeasant activity in its mortgage servicing and foreclosure processes. Expanding his toolkit and continuing his passion to help, Tim next worked for the Colorado Department of Health Care Policy & Finance, adjudicating home modification claims for the benefit of Colorado’s low-income families, the elderly, and persons with disabilities. Through this work, Tim reconfirmed his belief that the average consumer needs an advocate. To that end, Tim is now engrossed in advocating for policyholders and providing quality representation on their behalf.

Tim has been a member in good standing of the Colorado Bar since 2015. He received his undergraduate degree from the University of Minnesota, master’s degree from the University of Denver – Sturm College of Law, and his Juris Doctor from Florida Coastal School of Law. When not advocating on behalf of policyholders, Tim enjoys spending time with his wife and two daughters, going to concerts at Red Rocks, snowboarding, or reading a good book.

Wildfires have erupted across Colorado, forcing thousands of Coloradans to evacuate to safety from the Cameron Peak, CalWood, Lefthand Canyon, and East Troublesome Fires. Accordingly, the Colorado Division of Insurance (DOI) issued a news release to give insurance advice to those effected on evacuation, filing insurance claims, and financial preparedness. The consumer advisory provides practical insurance tips, insurance evacuation and claims advice, and guidance on returning home after the fire.
Continue Reading Colorado Wildfires – Colorado Division of Insurance Advisory to Impacted Coloradans

Insurance companies owe their insureds a duty to fully and fairly investigate a property loss, which includes a comprehensive inspection to identify all damages associated to the claim. Unfortunately, insurance adjusters will sometimes utilize an “any port in the storm” style reason to deny a claim; the adjuster cannot point to a specific tangible basis for denial, instead relying on a hypothetical justification. In that situation, the adjuster’s denial stands in paradox to the insurer’s duty to investigate a claim.
Continue Reading Claim Denial Reason: Did the Insurance Company Show Their Work?

Colorado bad faith statutes provide protections to insureds when an insurance company unreasonably delays or denies an insurance claim. The statutes specifically provide that “a person engaged in the business of insurance shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant.”1 The statutes also provide a remedy when payment of owed insurance benefits is unreasonably delayed or denied.2
Continue Reading Colorado Statutory Bad Faith Claims: You Have to Show Your Work

The Colorado Department of Public Health and Environment has issued multiple Public Health Orders including 20-20, 20-22, 20-23, and 20-24 (collectively “Orders”), which have limited otherwise normal business and personal interactions and activities. Due to this unprecedented impact on employment and business activities, the Colorado Department of Regulatory Agencies – Division of Insurance (“DOI”) has recognized the impacts to the self-quarantine requirements for Colorado policyholders.
Continue Reading The Colorado Department of Regulatory Agencies, Division of Insurance, Directs Insurance Carriers to Make Reasonable Accommodations to Policyholders Pursuant to Stay at Home Orders

Technology in business, and everyday life, is intangible now more so than ever for many Americans as we confront the COVID-19 pandemic. As people try and find some semblance of normalcy, technology is a lifeline to stay informed about the changing landscape around the virus, socialize with friends and family, entertain and educate kids kept out of school, and for those who can, continue to work at home.
Continue Reading Cybersecurity Vigilance During the COVID-19 Pandemic: Check Your Insurance Policy

After a fire loss you would expect your insurance company to complete a full and fair adjustment of the damages, right? So did the Normans, however, as admitted by a corporate representative of State Farm, “had State Farm not received additional information [from an industrial hygienist], the payments made in July 2012 would have been the settlement of the Normans’ claim” stemming from smoke and soot damage to their home as a result of the infamous Waldo Canyon fire of 2012 in Colorado.1 Eventually State Farm did pay a lot more in covered damages in May of 2013.
Continue Reading After A Fire, You May Need An Industrial Hygienist

Recently, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Association,1 on appraiser impartiality. Specifically, the court discussed the meaning and interpretation of impartiality under the insurance policy and whether a contingent-cap fee agreement between the appraiser and Dakota Station rendered the appraiser not impartial as a matter of law.
Continue Reading Appraisal and the Impartiality of Appraisers

After filing a claim, insurance companies will at times request a substantial amount of information, leaving many Coloradans feeling overwhelmed. However, a failure to respond to the requests (aka “failure to cooperate”), could cost an insured their owed insurance claim benefits. Recently the United States District Court, District of Colorado, discussed this issue in its review of a Motion for Summary Judgment in Cribari v. Allstate Fire & Casualty Insurance Company.1
Continue Reading Insurance Company Hassles? What Policyholders Need to Know About Insurer Requests For Documents and Information

Director Chlora Lindley-Myers

Director of Missouri’s Department of Insurance, Financial Institutions and Professional Registration (“DIFP”), Chlora Lindley-Myers, oversees the regulating and monitoring of insurance activities, companies, and agents in Missouri. She was appointed on April 13, 2017. Within the DIFP, the Division of Consumer Affairs (“DCA”) serves as a resource to Missouri consumers by providing consumers with insurance related information and the investigation of consumer complaints against insurance companies and producers for most types of insurance. DCA provides responses to insurance-related questions and complaints, assistance in resolving complaints, and assistance to Missouri consumers in understanding their options in handling insurance-related matters.
Continue Reading How to File a Complaint with the Missouri Department of Insurance about your Delaying, Denying and Bad Treating Insurance Company

The Director of Idaho’s Department of Insurance, Dean Cameron, oversees the regulating and monitoring of insurance activities, companies, and agents in Idaho. Appointed by Governor C.L. “Butch” Otter, Mr. Cameron has been serving Idaho residents since June 15, 2015. Within the Department of Insurance, the Consumer Affairs Section (“CAS”) serves as a free resource to Idaho consumers including provision of general information and responding to consumer inquiries and complaints.
Continue Reading How to File a Complaint with the Idaho Department of Insurance about your Delaying, Denying and Bad Treating Insurance Company