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

Colorado protects its policyholders as well as any other jurisdiction in the United States.1 Most policyholder advocates are familiar with Colorado’s statutory bad faith claims that give policyholders a fighting chance against insurance carrier’s malfeasance. Whether it is incompetence or intentional, claim results are often unreasonable and policyholders are harmed with few remedies to make them whole.
Continue Reading Colorado Insurance Companies Do Not Have a “Get Out of Jail Free Card” For Delayed and Underpayments Following Appraisal

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

The person that can qualify as an appraiser for a policyholder in Colorado is still a guess with policyholders not exactly knowing what to do about the selection of their appraiser. One Colorado insurance company law firm has their clients select very biased appraisers against their own customers and then challenges almost all policyholder appraisers as biased. This firm with their clients’ blessings, then tries to have the customer collect nothing arguing that the customer breached the policy by selecting a “biased” appraiser while having a “polecat” selected in the wings as their own appraiser.
Continue Reading Colorado Law Regarding Who Can Be An Appraiser is Still A Guess For Policyholders and the Insurance Industry – Colorado Is Looking For Guidance

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

The Colorado Department of Insurance will not be repealing its longstanding bulletin requiring that contractor overhead and profit be a part of a calculation to determine actual cash value at tomorrow’s stakeholder meeting in Denver. This is fantastic news for all Policyholders and the correct decision by those dealing with this issue in the Colorado Department of Insurance. We discussed the issue in, Colorado Overhead and Profit Issues—Merlin Law Group Files a Response for Colorado Policyholders, and noted this meeting in, How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments.
Continue Reading Colorado Not Replacing Contractor Overhead and Profit Bulletin

The Colorado Division of Insurance will hold a public stakeholder meeting at the Colorado Division of Insurance in Denver on May 21, 2019, regarding its proposal to eliminate one of its long-standing bulletins requiring insurance companies to pay contractor overhead and profit rather than deduct the amount until incurred.1 We discussed this in Colorado Overhead and Profit Issues—Merlin Law Group Files a Response for Colorado Policyholders.
Continue Reading How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments

Colorado Insurance Commissioner Michael Conway

Appointed by Governor John Hickenlooper, Michael Conway serves as Colorado’s Insurance Commissioner where he is tasked with regulating and monitoring insurance companies and insurance agents in Colorado. With the mission of Consumer Protection, Michael Conway and the Colorado Division of Insurance have streamlined a simple process for insurance consumers to file complaints against insurance companies that are mistreating, slow paying, or not paying their insurance claims.
Continue Reading How to File a Complaint with the Colorado Insurance Commissioner Office about your Delaying, Denying and Bad Treating Insurance Company

Colorado policyholders should be mindful to review their insurance policies for time limit considerations that may bar them from pursuing insurance benefits beyond two years after the May 8, 2017, hailstorm. While Colorado requires that any action against an insurance company for failure to pay covered benefits must be brought within three years of the date of loss, Colorado allows insurance companies to contractually reduce this time period to as little as six months in commercial and business owner policies of insurance. Failing to bring an action within this prescribed period can ultimately lead to the inability to seek legal recourse where an insurance company is failing to pay covered benefits.
Continue Reading Two Year Anniversary Approaching for Colorado’s May 8, 2017 Hailstorm