We buy insurance for peace of mind. When misfortune or tragedy strikes, you expect your insurer to honor its end of the bargain by providing the protection you dutifully paid premiums for – whether through auto, homeowners, disability, health, or life insurance. What are your options when your insurer fails to hold up its end of the bargain?
Insurers owe their policyholders a duty of good faith and fair dealing under Colorado law. Bad faith occurs when an insurance company acts unreasonably in investigating, denying, or delaying payment of a claim. An insurance company may be liable for bad faith through its:
- Denial of a covered claim
- Delay in payment or processing of a claim
- Faulty or biased investigation of a claim
- Lowball offers to resolve a claim
- Failure to pay undisputed claim amounts under uninsured/underinsured motorist claims
- Early termination or denial of claims for disability benefits
- Refusal to provide attorneys to defend you in a lawsuit under auto or homeowners policies
- Failure to settle a lawsuit brought against you under auto or homeowners policies
- And many other scenarios
If an insurance company acts in bad faith, it may be liable to its policyholder for three-times the covered benefit, other consequential economic damages caused by its conduct, noneconomic damages (for such things as aggravation, frustration, fear, anger, etc.), punitive damages, attorney fees, and costs. Depending on the facts of your case, you may have claims against your insurance company for breach of contract, bad faith, violation of C.R.S. §§ 10-3-1115, -1116, fraud, or negligent misrepresentation, among others.
Keating Wagner Polidori Free offers some of the most experienced and well-respected insurance attorneys in Colorado and beyond. Our attorneys have championed the causes of mistreated policyholders, broken new ground under Colorado insurance law to the benefit of claimants, and obtained multi-million dollar verdicts and settlements for their clients.
Keating Wagner Polidori Free provides a wide range of insurance-related legal services – including insurance coverage assistance for individuals and businesses; coverage and bad faith litigation and trials; personal counsel services to monitor insurance company progress in settling damage claims against its insureds; expert witness services; negotiation of assignment agreements (often referred to as Bashor and Nunn agreements) to protect policyholders who have been unreasonably denied a defense or whose insurers have unreasonably failed to settle lawsuits filed against their policyholders; appeals of claim denials under disability and health policies; insurance-related appellate work; suits against agents/brokers for failing to place, or placing incorrect or inadequate, insurance coverage; and many more.
If you feel you have been treated unfairly by your insurance company, contact us today for an obligation-free case evaluation. We handle a full range of cases on a contingency fee basis, where our fee is measured by the results obtained for the client. We also offer hourly rate billing and part-contingency, part-hourly fee arrangements depending on the facts of the case. If you have questions about contingency or alternative fee arrangements, we would be pleased to work with you and to answer any questions you may have.