Tag Archives: Colorado

Fair and Impartial Appraisers in Colorado

A daily topic of conversation among those who work property damage claims is the appraisal process. As most of you know, most insurance contracts contain a clause that states that if there is disagreement between the insured and insurer on the claim handling process that either party may invoke the appraisal process. Each party selects … Continue Reading

“Fairly Debatable” and “Two Times the Covered Benefit” Under Colorado law

“Fairly debatable” bad faith claims The term “fairly debatable” is frequently discussed in the context of bad faith claims in Colorado. In Sanderson,1 the district court and appellate court had different ideas as to the meaning of the phrase. They looked to the Arizona Supreme Court’s statement2 that “[w]hile it is clear that an insurer … Continue Reading

The Theft/Burglary Exclusion in Colorado

An order was recently handed down in Colorado federal court interpreting a policy theft exclusion.1 The plaintiff owned and insured a manufacturing facility. The policy provided coverage for damage caused by vandalism or malicious mischief, defined as “the willful and malicious damage to or destruction of the property covered.” It excluded coverage for loss “by pilferage, … Continue Reading

The End of Limiting Language in Homeowner’s Insurance Policies in Colorado

Since my last blog dealt with statutes of limitation, I thought it fitting to discuss a relatively new statute in Colorado, C.R.S. §10-4-110.8. This statute was effective as of January 1, 2014. It provides definitions of certain words, such as “additional living expenses coverage,” “claim,” and “recoverable depreciation,” among others. It also states that an … Continue Reading

Rocky Mountain Property Insurance Losses Can Be Thrilling

"Pull up, pull up! Terrain Ahead! Terrain Ahead!" Not exactly what I wanted to hear from the computerized navigation equipment aboard public adjuster Scott deLuise‘s "experimental" turbine single engine plane while flying over the Colorado Rocky Mountains. Being a very experienced private plane passenger, I looked up, noticed snow capped peaks higher than us on … Continue Reading

Proving and Winning a First-Party Bad Faith Case in Colorado, Part 2

In a previous post regarding proving a first-party bad faith case in Colorado, I wrote about C.R.S. §§10-3-1113 and 10-3-1104. These statutes provide the first place to look when taking actions in representing policyholders, and provide guidance regarding the questions I ask in letters to claims representatives. They also provide a road map during the … Continue Reading

Depositions versus Examinations Under Oath

A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule of Civil Procedure 30 that states … Continue Reading

Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders

On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense coverage–copies of policies–personal property contents coverage–inventory … Continue Reading

Colorado’s Unreasonable Delay Statutes

As promised in my post, Statute of Limitations in Colorado, this week I will discuss Colorado’s unreasonable delay statutes. In Colorado, insured’s have a cause of action they can utilize when pursuing a claim for benefits due after a loss pursuant to their policy of insurance. Colorado Revised Statute Section 10-3-1115(1)(a) states: A person engaged in … Continue Reading

What Constitutes a Total Loss in Colorado?

Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their home was spared heavy damage.… Continue Reading

Insurer’s Duty of Good Faith Cannot Be Delegated To Third Parties

Several weeks ago, I analyzed the Defense Bar’s latest attempt to increase the costs of litigation for policyholders. In my December 13, 2012, post, Winning a Discovery Battle in Bad Faith and C.R.S. 10-3-1115 Cases Against Insurers, I noted the Colorado Defense Bar’s latest litigation tactic—attempting to designate nonparties at fault and apportioning damages resulting … Continue Reading

Finally, An Appraisal Award! Now What If The Insurance Company Won’t Pay It?

Colorado case law on property insurance appraisal is sparse. Colorado case law on enforcing appraisal awards is non-existent. So, if a policyholder receives a final appraisal award and the insurance company won’t pay it, a policyholder must likely file a lawsuit against the insurer to receive payment. Policyholders in Colorado are forced to look to … Continue Reading

Calculation of Damages Under Colorado’s Insurance Prompt Payment Statutes, C.R.S. 10-3-1115 and 10-3-1116: Part IV

As discussed in my prior posts on August 10, 2011, February 16, 2012, and August 16, 2012, Colorado law on calculation of C.R.S. § 10-3-1116 statutory penalties is slowly developing. The Prompt Payment statutes, CRS §§ 10-3-1115 and 10-3-1116 (the “Statutes”), provide remedies to certain first-party insurance claimants, including recovery of two times the covered … Continue Reading

Prevent Insurance Defense Counsel From Presenting Junk Science To The Jury

In Colorado, insurance companies often deny claims based on exclusions for “wear and tear,” “repeated seepage and leakage,” or “failure to maintain.” Often insurance companies will hire experts to examine the property months or years after a loss, hoping the expert is willing to perform an outcome oriented examination—aimed at substantiating the insurance company’s denial … Continue Reading