IT'S MORE THAN MONEY.
A storm-damaged roof, a crash on your coverage, and a surgery your health plan won’t approve. When the insurer you’ve been paying stalls or refuses without a reasonable basis, you have rights under Colorado law, and (303) 209-9395 is the number to call about them.
No fee unless we winLittleton, Colorado
CGH Injury Lawyers represents Littleton 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.
Three roofers gave you the same replacement estimate, and your insurer approved a patch job. A Littleton bad faith insurance lawyer can look at that gap and ask the question the statute asks, which is whether the insurer had a reasonable basis for its position.
CGH Injury Lawyers represents Littleton policyholders from our office in Denver, where the firm opened in 2016 as Cheney Galluzzi & Howard. To start, phone (303) 209-9395 or fill out our contact page.
This page provides content for general informational purposes only and does not constitute 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.
A roof claim after a spring storm is a clear example. The adjuster’s scope leaves out half the damage, your contractor’s photos go unanswered, and the check that arrives won’t cover the work.
Other claims stall at the same point. An underinsured motorist claim on your auto policy after a crash, a health plan refusing an operation your surgeon scheduled, or a theft claim for tools and electronics can all end with an insurer that won’t explain itself. Claims against a driver who caused a crash are covered on our Littleton car accident lawyer page.
We start by reading the insurer’s own words. Its letters and estimates tell us what reasons it gave, and the timeline can show whether those reasons held up.
There are two legal routes, and a single set of facts may support both. The jury instructions call the statutory claim “separate from” the common-law claim, and a policyholder can bring the two together. Both are explained further on our Colorado bad faith insurance lawyer page.
| Feature | Common-law bad faith | Statutory unreasonable delay or denial |
|---|---|---|
| Source | Travelers Insurance Co. v. Savio, Colorado Supreme Court, 1985 | C.R.S. 10-3-1115 and 10-3-1116 |
| Elements | Unreasonable conduct, and knowledge or reckless disregard of that unreasonableness | Delay or denial of a covered benefit without a reasonable basis |
| Relative difficulty | The harder claim to prove | The easier claim, with no knowledge element |
| What a win can bring | Damages caused by the conduct and punitive damages in some cases | The right to seek two times the covered benefit, plus reasonable attorney fees and court costs |
The statute tells insurers not to “unreasonably delay or deny” payment of benefits owed to a first-party claimant. Subsection (2) of 10-3-1115 defines unreasonable conduct as acting without a reasonable basis.
You’re a first-party claimant when you claim benefits owed under your own policy. Someone making a claim against an insured under a liability policy is left out, so a claim against another driver’s insurer generally doesn’t qualify.
Among its limits, the statute also doesn’t apply to workers’ compensation, title insurance, or life insurance issued under Article 7 of Title 10.
Savio set a two-part standard. You show the insurer acted unreasonably, and then you show it knew as much or recklessly disregarded it.
The Littleton Police Department names Arapahoe, Jefferson, and Douglas as the three counties that serve the city. Arapahoe County counts Littleton among its cities, Jefferson County lists it among towns located wholly or partially within its borders, and it appears on Douglas County’s municipal boundaries map.
Which courthouse hears a case depends on the facts, including where the insurer does business and where you live. The district court buildings for the three counties are
Hospital records
AdventHealth Littleton, at 7700 S Broadway, appears as a Level II facility on the state’s designated trauma facility list. When a health or auto insurer challenges a medical bill, your emergency and follow-up records can help show what care you needed.
Fire service
South Metro Fire Rescue lists Littleton among the cities it serves. After a house fire, the agency’s incident records may help show when and how the loss happened.
Littleton claims that can turn into disputes include:
The firm prepares each case as if it will go to trial.
Kevin Cheney is a member of the American Board of Trial Advocates.
Spanish speakers can reach us at (303) 835-9177.
We’re at 2701 Lawrence St., Suite 201, Denver, CO 80205.
correspondence, and the timeline to see what was promised and what happened.
It may be common-law bad faith, the statutory claim, or both.
in writing, laying out the claim.
including claims-file materials, your documentation, and outside expert input where it helps.
For Littleton, that could be Arapahoe, Jefferson, or Douglas County, and we confirm the right court first.
from the underlying benefit to statutory damages and attorney fees where applicable.
A case’s value depends on the policy, the losses, and the insurer’s conduct. We look at the file first, then talk about numbers.
Section 10-3-1116(1) permits a first-party claimant whose claim was unreasonably delayed or denied to bring an action in district court “to recover reasonable attorney fees and court costs and two times the covered benefit.” If the insurer paid an unreasonably delayed benefit before judgment, the jury instructions note the two-times award still isn’t reduced by it.
The jury instruction on actual damages covers:
Punitive damages. They’re possible in some cases, but the instruction notes make clear that bad faith alone does not establish a claim for them.
The statutory action adds to, and doesn’t limit, other claims available by statute or common law (C.R.S. 10-3-1116(4)).
Independent estimates and photos, set beside the insurer’s scope, can help show whether it had a reasonable basis for each line it cut.
Colorado allows an insurer to challenge a claim that is genuinely “fairly debatable.” That factor weighs against bad faith, but the jury instructions say that, without more, it is “not outcome-determinative” and isn’t “necessarily sufficient to defeat a bad faith claim as a matter of law.” If the insurer had no reasonable basis, the claim wasn’t fairly debatable.
Reasonableness is judged at the moment of the decision, using what the insurer had in front of it then. The jury instructions cite Schultz v. GEICO Casualty Co. for that point.
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For common-law bad faith, the jury instructions treat the claim as a tort under C.R.S. 13-80-102. It must be brought within two years after you know, or with reasonable diligence should know, both the injury and what caused it.
For the statutory claim, Rooftop Restoration, Inc. v. American Family Mutual Insurance Co. matters. There the Colorado Supreme Court decided that the one-year limit on penalty actions in C.R.S. 13-80-103(1)(d) doesn’t apply to a 10-3-1116(1) action.
An underinsured motorist bad faith claim works on a different clock. It can’t accrue until you’ve won a judgment against, or reached a settlement with, the underinsured driver. Have a lawyer confirm the deadline that applies to you.
A Littleton uninsured motorist lawyer can review that part of your claim with you.
A bad faith insurance claim in Colorado is about your own insurer’s handling of a claim. The statutory version requires a delay or denial of covered benefits without a reasonable basis (C.R.S. 10-3-1115). The common-law version adds proof that the insurer knew its conduct was unreasonable or recklessly disregarded that.
It might be, and it might not. Under the statute, the question is whether the insurer had a reasonable basis for leaving the rest out, judged on what it knew at the time. Your contractor’s estimates and photos can help show what the full repair requires.
It depends on the facts, including where the insurer does business and where you live. Littleton is served by Arapahoe, Jefferson, and Douglas counties, so the district court could be at the Arapahoe County Justice Center, the Jefferson Combined Court, or the Douglas County Courthouse.
Yes, if your insurer unreasonably delayed or denied benefits under your own uninsured or underinsured motorist coverage. For underinsured motorist claims, the bad faith claim for nonpayment can’t accrue until you have a judgment against, or a settlement with, the underinsured driver.
Not through a discretion clause. A health or disability policy issued in Colorado can’t contain a provision reserving discretion to the insurer to interpret its terms or decide eligibility, and such a provision is void (C.R.S. 10-3-1116(2)).
Generally not. C.R.S. 10-3-1115(6) says the statute doesn’t apply to life insurance issued under article 7 of Title 10, and it also excludes title insurance and workers’ compensation.
Bring your policy and declarations page, the insurer’s letters and estimates, and any estimates or medical bills of your own. A list of the dates you called or sent documents makes the first review much faster.
No. Littleton clients work with us from our Denver office at 2701 Lawrence St., Suite 201. Reach us at (303) 209-9395.
It's More Than Money.
Talk with a bad faith insurance attorney about your claim by calling (303) 209-9395. You can also send us the details through our contact page.
Other injury claims are covered on our Littleton personal injury lawyers page.
Written by CGH Injury Lawyers.
Last reviewed: September 21, 2026.
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.
