The courthouse campus
The Judicial Branch lists the Weld County Courthouse at 901 9th Ave, Greeley, CO 80631, and says all court business is handled in the Weld County Centennial Center at 915 10th Street, Greeley, CO 80631.
IT'S MORE THAN MONEY.
Greeley Bad Faith Insurance Lawyers Asking What Your Insurer Knew and When
The shop is closed after a fire, the health plan refused the surgery, or the total-loss offer on your truck won’t replace it. When your own insurer is the obstacle, Colorado’s bad faith statute expects it to have a reasonable basis for delaying or denying a claim. Call (303) 209-9395 and walk us through the claim.
No fee unless we win
Or speak with us now
(303) 209-9395
Greeley, Weld County
Why policyholders call us
CGH Injury Lawyers represents Greeley residents against insurers that deny, delay, or underpay claims without a reasonable basis. Your first conversation with us is free, and we do not get paid unless we win.
- 5.0-star Google rating
- ABOTA trial advocate on the team
- Trial-ready, not settlement-shy
- No fee unless we win
5-star rated on Google
ABOTA trial advocate on the team
Trial lawyers, not a settlement mill
8 attorneys, bilingual EN / ES
You counted on that coverage, and it isn’t coming through. A Greeley bad faith insurance lawyer can dig into why the insurer delayed, denied, or shortchanged you and whether Colorado law gives you a claim for it.
CGH Injury Lawyers handles Greeley bad faith matters from its Denver office. To get started, dial (303) 209-9395 or fill out our contact page.
What This Page Covers
- Signs that a Greeley claim may involve bad faith
- The legal tests for statutory and common-law claims
- Weld County’s courts, a local trauma center, and city records
- How a case moves forward and what it can recover
- The defenses insurers raise and the deadlines you face
Key Takeaways
- The duty runs to you. Colorado’s civil jury instructions describe a duty of “good faith and fair dealing” that an insurance company owes the people it covers.
- Two legal theories are available. You can bring a statutory claim, a common-law claim, or both from the same events.
- The statute’s proof burden is lighter. It asks whether the insurer lacked a reasonable basis, while the common law also asks what the insurer knew.
- The statute lets you seek twice the benefit. Under C.R.S. 10-3-1116(1), a first-party claimant whose claim was unreasonably delayed or denied can sue to recover twice the covered benefit, plus reasonable attorney fees and court costs.
- Deadlines need confirming. Talk to a lawyer about your deadlines before assuming you have time.
Signs Your Greeley Claim Has a Problem
Your business insurer has spent months reviewing a business interruption claim while the bills pile up. Or your health insurer denied a procedure your doctor ordered, and the explanation cites a policy term that doesn’t fit.
It could also be your own collision coverage, where a total-loss valuation ignores the condition and equipment of the vehicle. The facts differ, but under the statute each case asks whether the insurer acted with a reasonable basis.
Your business may not be able to reopen, or your surgery may be on hold while the claim sits open.
Share the letters and the timeline with us. We’ll explain what the law says about your situation and what we think your options are.
Common law vs. statute
How Colorado Defines Insurance Bad Faith
The state recognizes two claims. According to the Colorado Civil Jury Instructions, ch. 25, the statutory claim is “in addition to and separate from” the common-law claim, so you don’t have to choose between them at the outset.
| Feature | Claim under the statute | Claim under the common law |
|---|---|---|
| Starting point | C.R.S. 10-3-1115 and 10-3-1116 | Travelers Insurance Co. v. Savio, 1985 |
| Burden | Show the delay or denial had no reasonable basis. | Show unreasonable conduct, plus knowledge of it or reckless disregard. |
| Remedy | A suit for twice the covered benefit, with reasonable attorney fees and court costs | Damages flowing from the insurer’s conduct |
The common-law test from Savio
Savio set out two elements. The first is unreasonable conduct. The second is proof that the insurer knew the conduct was unreasonable or showed reckless disregard for whether it was.
The statutory test
Subsection (1)(a) of C.R.S. 10-3-1115 makes it unlawful for an insurer to unreasonably hold up or refuse benefits owed to a first-party claimant. An action is unreasonable under subsection (2) when the insurer took it “without a reasonable basis for that action.”
Who counts as a first-party claimant matters. The definition leaves out anyone pressing a claim against another person’s liability coverage. A demand on the at-fault driver’s carrier generally falls outside the statute for that reason.
Policies the statute excludes
Among its limits, subsections (5) and (6) of C.R.S. 10-3-1115 exclude workers’ compensation insurance, title insurance, and life insurance issued under article 7 of Title 10. For a health or disability policy issued in Colorado, a clause reserving discretion to the insurer to interpret the terms or decide eligibility is void under C.R.S. 10-3-1116(2).
Local Knowledge
Weld County Courts and Greeley Records
Greeley is in Weld County, and Weld County is part of the 19th Judicial District. The correct court for a given lawsuit is a fact question; your home county and the insurer’s places of business both factor in.
Hospital records
UCHealth Greeley Hospital, at 6767 W. 29th Street, is a Level III facility on the Colorado health department’s trauma facility list. Its treatment records can help when an insurer questions whether care was needed.
City records
The City of Greeley’s public records request page explains how to request records under the Colorado Open Records Act. A city report can help show what happened in a loss the insurer disputes.
Common starting points for a Greeley bad faith case include:
- A business interruption or commercial property claim left in review
- A health insurance denial for treatment your doctor recommended
- A disability benefit cut off without a clear explanation
- A total-loss or theft claim on your own auto policy
Why CGH
Why Greeley Residents Work With CGH Injury Lawyers
Readiness for court
Each case is prepared as if it will be tried.
ABOTA
Our Managing Partner, Kevin Cheney, holds membership in ABOTA, the American Board of Trial Advocates.
An established Denver firm
CGH Injury Lawyers, formerly Cheney Galluzzi & Howard, was founded in Denver in 2016 and is located at 2701 Lawrence St., Suite 201.
English or Spanish
Our Spanish line is (303) 835-9177.
How we handle your case
Steps in a Greeley Bad Faith Case
-
Policy and file review
We read the coverage, the correspondence, and the timeline of your claim.
-
Claim selection
We match your facts to the statutory claim, the common-law claim, or both.
-
Written demand
We send the insurer a formal demand.
-
Proof
We assemble claims-file materials and documentation and add outside expert input when it helps.
-
Filing
We file where the case belongs, which for a Greeley policyholder may be the district court for Weld County, at the Weld County Centennial Center, once the venue is confirmed.
-
Pursuing recovery
We ask for the benefit you were owed, plus statutory damages and attorney fees where the law provides them.
Compensation
Damages in a Greeley Bad Faith Claim
The value of a case rests on your policy, your losses and the insurer’s handling. Any talk of numbers comes after we’ve read your file.
Statutory recovery
A first-party claimant whose claim was unreasonably delayed or denied can sue under section 10-3-1116(1) to recover twice the covered benefit, plus reasonable attorney fees and court costs. The jury instructions note that an unreasonably delayed benefit paid before judgment can’t be used to reduce the two-times amount.
Common-law damages
Colorado’s jury instruction lists these categories:
- Money you’ve lost, or will probably lose, because of the insurer’s conduct
- Physical impairment or disfigurement, where supported
- Losses that aren’t financial, along with injuries
Other claims alongside the statute
The statutory action sits alongside any other claim Colorado statutes or common law allow, and it doesn’t cut those off (C.R.S. 10-3-1116(4)). In practice, a Greeley lawsuit can ask for the contract benefit, the statutory recovery, and common-law damages in one case when the evidence supports each, though damages awarded under that section can’t be recovered again in another claim.
Punitive damages
They’re possible in some cases. The jury instructions state that proof of bad faith doesn’t by itself establish a claim for them.
Insurer defenses
Arguments Insurers Make
-
“We decided correctly with the information we had”
The jury instructions, citing Schultz v. GEICO Casualty Co., measure the insurer’s choice by what was in front of it at the moment of decision. The claims file, including the documents you supplied along the way, can show what that was.
-
“Your paperwork was incomplete."
Your insurer can ask for information it needs. A dated record of each item you sent can help show whether the file was really incomplete or whether the requests were stretching the claim out.
-
“This was a fairly debatable claim."
Colorado lets an insurer contest a fairly debatable claim, even if the denial turns out to be mistaken. The jury instructions treat that as a point against bad faith, yet without more it isn’t outcome-determinative or necessarily enough to defeat a bad faith claim as a matter of law. Where no reasonable basis existed, the claim wasn’t fairly debatable.
-
“The policy excludes coverage.”
An insurer can deny a loss under an exclusion that fits your facts. When a denial letter points to language that doesn’t match what happened or quotes only part of a clause, the full wording set next to the evidence can help show the gap.
-
“Our investigation isn’t finished."
The claim’s timeline can help show whether the insurer was gathering facts or simply waiting.
5-star rated on Google
I wish I could leave more than 5 stars!
Grace Macaluso, 5-star Google review
Deadlines and next steps
Deadlines for Greeley Policyholders
The two-year tort limit. Because common-law bad faith is a tort, the jury instructions apply C.R.S. 13-80-102. You have two years, starting once you knew, or through reasonable diligence should have known, about the harm and its cause.
Statutory claims. Colorado’s high court ruled in Rooftop Restoration (2018) that the one-year limit in C.R.S. 13-80-103(1)(d) for penalty actions doesn’t reach section 10-3-1116(1) claims. Figuring out when your time began can be contested, so ask a lawyer to confirm your deadline.
UIM claims. Timing shifts here. The jury instructions explain that a bad faith claim over unpaid underinsured motorist benefits can’t accrue until you’ve obtained a judgment against the underinsured driver or settled with that driver.
Questions
Frequently Asked Questions
When does a slow payout become a bad faith insurance claim in Colorado?
Only if the delay was unreasonable. A bad faith insurance claim in Colorado under the statute turns on whether the insurer had a reasonable basis for delaying or denying benefits owed to you (C.R.S. 10-3-1115).
What should I keep while my claim is pending?
Keep the policy, all letters and emails from the insurer, and a dated list of what you sent and when. Notes from phone calls, with names and dates, help too. That record can help show how the claim was actually handled.
My health insurer denied treatment. What can I do?
The statute can apply to health claims. Under a health policy issued in Colorado, after you exhaust the plan’s administrative remedies, C.R.S. 10-3-1116(3) entitles you to de novo review of the denial in court and to a jury trial. A clause giving the insurer discretion to decide eligibility is void in a health policy issued in Colorado.
Will I get back only the benefit I was owed?
Not necessarily. If your claim was unreasonably delayed or denied, section 10-3-1116(1) lets you seek two times the covered benefit, plus reasonable attorney fees and court costs. On the common-law side, a jury can award financial and non-financial losses the insurer’s handling caused.
Which court handles a Greeley bad faith lawsuit?
Your facts decide it, starting with your home county and the insurer’s business locations. A Greeley case may land in the district court for Weld County, at the Weld County Centennial Center, and we check the venue before filing.
Can I sue the other driver’s insurer for bad faith?
Generally not under the statute, since C.R.S. 10-3-1115 doesn’t treat a person claiming on someone else’s liability coverage as a first-party claimant. The situation differs with your own uninsured or underinsured motorist coverage, which can support a bad faith claim.
Does the firm have a Greeley office?
No, the firm has no Greeley office. Our Denver office is at 2701 Lawrence St., Suite 201, Denver, CO 80205. Start by calling (303) 209-9395.
Keep Reading
Related pages
It's More Than Money.
Speak With a Greeley Bad Faith Insurance Attorney
Bring your policy and the insurer’s letters to a conversation with a bad faith insurance attorney. Phone (303) 209-9395, or describe the claim on the firm’s contact page.
Learn more from our Colorado bad faith insurance lawyer overview and our Denver bad faith insurance lawyer page. For crashes, read Greeley uninsured motorist lawyer or Greeley car accident lawyer, while Greeley personal injury lawyers cover the rest of our local work.
Prefer to read first? See how Colorado bad faith law works.
CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205
Cheney Galluzzi & Howard, LLC, d/b/a CGH Injury Lawyers. Attorney advertising. Past results do not guarantee a similar outcome. Every case turns on its own facts, injuries, and available insurance coverage. This site is for general information and is not legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.