Question 1

What is insurance bad faith in Colorado?

Accepted Answer

Insurance bad faith in Colorado occurs when an insurer unreasonably delays or denies a valid claim. Under C.R.S. § 10-3-1115, an insurer may not unreasonably delay or deny payment. Under C.R.S. § 10-3-1116, a first-party claimant can recover two times the covered benefit plus attorney fees.

Question 2

What can I recover in a Colorado insurance bad faith claim?

Accepted Answer

Under C.R.S. § 10-3-1116, you can recover the original benefit owed, two times that covered benefit as a statutory penalty, and reasonable attorney fees and costs.

Question 3

How long do I have to file a bad faith claim in Colorado?

Accepted Answer

The statute of limitations for statutory bad faith is generally two years from when the bad faith conduct occurred. Consult an attorney promptly if you believe your insurer is acting in bad faith.

Question 4

Does bad faith apply to the at-fault driver's insurer?

Accepted Answer

The Colorado bad faith statutes apply to first-party claims — claims against your own insurer. Claims against the at-fault driver's insurer are third-party claims governed by different standards.

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Colorado injury victims since 2006

Insurance Bad Faith in Colorado: Your Rights When Your Insurer Won’t Pay

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