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Colorado Bad Faith Insurance Lawsuits
A Colorado bad faith insurance lawsuit is a civil claim with two parts. First, the insured party demands fair payment for the amount that they should have received under their policy. Second, they make an additional claim for the insurance company’s bad faith actions in unreasonably denying or underpaying the claim. The insured party demands financial compensation, including full payment and damages for the unreasonable actions of the company.
Related: Colorado Life and Health Insurance Disputes
Legal Grounds for a Bad Faith Insurance Claim in Colorado
In Colorado law, there are two legal grounds for a bad faith insurance claim. There are a common-law basis and a statutory basis available to the victim. As the insured party, you may make your claim on both grounds.
The Colorado court case Goodson v. American Standard Insurance Co., 89 P.3d 409, 414 (Colo. 2014) explains the common law basis of a bad faith insurance claim. To win a common-law claim, the victim shows that the insurance company unreasonably refused or delayed payment. The insurance company must have acted unreasonably or with a reckless disregard for the truth. The court decides the case on an objective basis using the evidence and circumstances known to the insurance company at the time of the decision regarding payment.
The statutory basis for a bad faith legal claim in Colorado is Colorado law 10-3-1115. The law says that an insurer may not delay or deny payment for benefits. It also states that a denial or delay is a violation if made with an unreasonable basis for the action.
While the common law action requires an intentional or reckless disregard for the rights of the insured, Colorado statutory law requires only an unreasonable denial of benefits. An experienced attorney for bad faith insurance claims can help you understand how your circumstances apply to Colorado law. They can assist you with filing a claim based on every possible legal grounds to maximize your legal strategy and your compensation.
How a Bad Faith Insurance Lawyer Can Help You
A bad faith insurance lawyer can assist you with every step involved with addressing and responding to insurance company bad faith. When you hire our bad faith insurance lawyers, we do all of the following on your behalf:
- Investigate to determine if bad faith occurred
- Help you understand the law and how it applies to your case
- Issue a demand letter to the insurance company
- Negotiate directly for fast resolution of your case
- Prepare legal documents to file in court
- Bring legal motions, prepare evidence and develop a legal strategy
- Mediation and case resolution actions
- Representation in court at all hearings and trial
- Presentation of the case at trial
- Collection of judgment
Your bad faith insurance lawyer takes carefully-crafted, appropriate action for you to receive the best possible result. They understand the law and the steps necessary to obtain justice, and they put their training and experience to work for you.
Why Choose Our Bad Faith Insurance Attorneys of Denver
Our bad faith insurance attorneys at Bachus & Schanker, LLC are trained and determined advocates for anyone who thinks that they may have been the victim of bad faith practices. Our leaders, Kyle Bachus and Darin Schanker are both 10-year honorees of Super Lawyers. They are also part of the National Trial Lawyers Top 100 Trial Lawyers as well as the Top Lawyers of Denver.
These recognitions are based on the personalized legal services that we provide for each and every client. We pride ourselves on helping our clients reach their legal goals in the best ways possible. When you’re done being the victim of insurance bad faith, our Denver attorneys are here to fight for you and with you until you have justice. We represent clients in Denver and throughout the State of Colorado.
Contact Our Colorado Bad Faith Insurance Lawyers
Our Colorado bad faith insurance lawyers are accepting new clients. As always, consultations are free and confidential. Call us today to get started!
