The Colorado Division of Insurance gets a positive shout-out for seeking the public’s perceptions and concerns regarding insurance. It has recently scheduled three public events to obtain input regarding insurance affordability. The notice for these events states in part:

Continue Reading Colorado Division of Insurance Seeks Input Regarding Insurance Affordability 

Ever get the feeling that where you are or what you are reading about is somewhere you have been? While reading the Marshall Fire Investigative Summary and Review, I kept thinking about where I was while watching and learning from Dan Whalen and his team at the Marshall Fire Town Hall, which I noted in What Were the Causes of the Marshall Fire? The bottom line is that Dan’s team’s theory of loss is very similar to the results of the criminal investigation. The insured and uninsured victims of the Marshall Fire have valid claims against Xcel Energy.    

Continue Reading Marshall Fire Investigation Disclosed –Findings Just as Dan Whalen Explained!

Yesterday, while I was busy in a Denver federal court successfully arguing against attorneys for State Farm on most points, the Colorado Division of Insurance announced a new regulation1 to provide some relief to policyholders suffering from the historic Colorado wildfires that have struck this beautiful state over the past several years.  

Continue Reading Colorado Establishes a New Rule Regarding the Time Frames for ALE and to Replace Property

How many apartment complexes and other structures have dangerous residue from smoke, and the landlord does not want to find out how bad it is for fear of losing tenants? A proposed Colorado law takes aim at this difficult issue.

Continue Reading Urban Wildfire Damage Requires Full Investigation and Testing to Determine if a Structure Is Safe for Occupancy

Jon Bukowski was trying to explain to me how he, Larry Bache, and Mike Duffy won a bad faith jury trial verdict against GuideOne Mutual Insurance Company.1 He told me that it was because of Mike Duffy’s trial skills and “Eeny, meeny, miny, moe.” The Tenth Circuit Court of Appeals upheld the findings of bad faith in an opinion filed yesterday.
Continue Reading “Eeny, Meeny, Miny, Moe”—Bad Faith Trial Victory Upheld

Direct fire and heat damage has been easy to spot from the Marshall fires. There are many more smoke damaged structures that insurance companies know are damaged and dangerous to occupants. Some owners return to work and live in those structures, and many are questioning if it is safe to do so. A recent story, No return: The Unseen Toll of the Marshall Fire’s ‘Standing Home’ Survivors, sets the stage and explains part of the current situation:
Continue Reading The Science of Smoke Damaged Structures From the Marshall Fire

Colorado Revised Statutes Section 10–3–1115 prohibits an insurance company from unreasonably delaying or denying payment of a claim for benefits owed to a first-party claimant. C.R.S. § 10–3–1115(1)(a). Section 10–3–1116 further provides that “[a] first-party claimant as defined in section 10–3–1115 whose claim for payment of benefits has been unreasonably delayed or denied may bring an action in a district court to recover reasonable attorney fees and court costs and two times the covered benefit.”1 An insurer’s delay is unreasonable “if the insurer delayed or denied authorizing payment of a covered benefit without a reasonable basis for that action.”2
Continue Reading What is the Bad Faith Standard Under the Colorado Insurance Code?

The Property Loss Appraisal Network (P.L.A.N.) is holding its appraisal and umpire and certification course in Denver. It was a pleasure for me to speak at this event.
Continue Reading Should Umpires Be Allowed to Have Ex Parte Communications With Appraisers? — The Colorado 2015 Revision to DORA Bulletin No. B-5.26