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Denver Insurance Bad Faith Lawyer

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When you buy insurance, you often pay premiums for years. You do this because you expect your insurance company to take care of you if you suffer a covered loss. Unfortunately, not all insurers fulfill their obligations under the policy. Those that don’t may sometimes be said to be acting in bad faith.

You can make a claim against your insurer if they behave unreasonably and may be able to recover substantial damages. But you need to understand the complicated Colorado laws that apply in this situation. Daniels & Scriven, PC can help. Our legal team has four decades of experience fighting big insurance companies and we’re ready to put that skill to work for you.

To find out how our Denver bad faith insurance lawyers can help you, give us a call today at 

(720) 863-6006 to schedule your free consultation.

What is Insurance Bad Faith? 

Insurance contracts come with an implied duty of good faith and fair dealing. Essentially, this means an insurer is expected to act appropriately and fairly when you make a claim. 

Insurers may fail in this obligation if they unfairly deny claims without justification; delay unreasonably; or fail to make an appropriate offer to pay a claim.

These actions can have consequences for victims who are waiting to recover payment of damages. As a result, insurance companies can be held accountable when they violate their duty of good faith.

Colorado Laws on Insurance Bad Faith

When an insurer fails to fulfill their obligations, plaintiffs can bring a breach of contact case. However, damages in these types of claims can be limited to actual provable losses so they may not provide as much compensation as a plaintiff really deserves based on the way their insurance company behaved. 

There are two other potential causes of action a victim of bad faith can bring. 

  • They can make a claim under CO Code § 10-3-1115 (2021), which states 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.”  Under this statute, an insurer can be liable for “reasonable attorney fees and court costs and two times the covered benefit” if the plaintiff proves “the insurer delayed or denied authorizing payment of a covered benefit without a reasonable basis for that action.”
  • They can make a common law bad faith claim. As the Colorado Jury Instructions  explains, a plaintiff would need to show the insurer knowingly, or with reckless disregard for the reasonableness of their conduct,  acted unreasonably in denying a claim without justification, and the plaintiff was harmed as a result. Plaintiffs who prove this can recover compensation for economic and non-financial losses such as emotional distress damages.

An experienced injury attorney can help you to understand which cause of action you should pursue to maximize your damages. 

Getting Help from a Denver Bad Faith Lawyer  

A Denver bad faith lawyer at Daniels & Scriven, PC will help you get the money you need from your insurance company after they fail to pay your claim as promised. Give us a call at (720) 863-6006 to schedule a free consultation and learn how we can help you to stand up to the insurance companies that are violating your legal rights.