Jefferson County
The Jefferson Combined Court is at 100 Jefferson County Parkway, Golden, CO 80401, and serves the 1st Judicial District.
IT'S MORE THAN MONEY.
Westminster Bad Faith Insurance Lawyers on Both Sides of the County Line
A treatment your doctor ordered, a business that lost weeks of income, and a house that took on water: the claim is covered, and your insurer still won’t pay it properly. Phone (303) 209-9395 and let us hear the whole story.
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(303) 209-9395
Westminster, Adams and Jefferson Counties
Why policyholders call us
CGH Injury Lawyers represents Westminster 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.
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- ABOTA trial advocate on the team
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ABOTA trial advocate on the team
Trial lawyers, not a settlement mill
8 attorneys, bilingual EN / ES
You filed the claim, answered the questions, and waited, and the answer that finally came makes no sense. A Westminster bad faith insurance lawyer can examine the insurer’s reasons and measure them against what Colorado law demands of a company that insures you.
CGH Injury Lawyers began serving clients in Denver in 2016 under its former name, Cheney Galluzzi & Howard. Westminster residents can reach the firm at (303) 209-9395 or through the contact page.
This page provides general informational content 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.
What This Page Covers
- The standard your insurer must meet, in plain terms
- Westminster’s split between Jefferson and Adams counties and the courthouse for each
- A comparison of the statutory and common-law claims
- Our six-part process and the damages the law permits
- Insurer arguments, deadlines, and a set of FAQs
Key Takeaways
- The law expects fair dealing. An insurance company owes good faith and fair dealing to the people it insures, according to Colorado’s jury instructions on bad faith breach of insurance contract.
- Health and disability claims get specific protection. In a health or disability policy issued in Colorado, language that gives the insurer discretion to interpret terms or decide eligibility is void (C.R.S. 10-3-1116(2)).
- A court can review the case anew. After administrative remedies run out, C.R.S. 10-3-1116(3) gives a health, life, or disability claimant denied under a policy issued in Colorado de novo review in court, with a jury.
- The statutory remedy can multiply the benefit. You can seek twice the covered amount, plus reasonable attorney fees and court costs, under C.R.S. 10-3-1116(1).
- The clock matters. Ask a lawyer to confirm your deadline early.
Claims That Stall in Westminster
Think of a health insurer that won’t approve a procedure your doctor ordered, or a disability carrier that decides you can work again after reading a single report. Think of a restaurant owner whose business interruption claim has been “under review” since the kitchen closed.
Each of these is a first-party claim, meaning a claim for benefits under your policy. Colorado’s bad faith statute applies to claims like these.
You don’t need a finished file to start. A copy of the policy, the insurer’s last letter, and your notes are plenty for a first conversation.
For a business owner, bring what shows the income that stopped: recent sales records, payroll, and the bills that kept coming while the doors were closed. For a health or disability claim, the doctor’s orders and the insurer’s explanation of its decision matter most.
Common law vs. statute
Statutory and Common-Law Claims in Colorado
Colorado gives policyholders two separate claims. The jury instructions describe the statutory one as “in addition to and separate from” the common-law claim, and it’s possible to pursue them together. The statewide rules behind both are on our Colorado bad faith insurance lawyer page.
| Under the statute | Under the common law | |
|---|---|---|
| The test | Whether the insurer delayed or denied a covered benefit without a reasonable basis | Whether the insurer was unreasonable and knew it or recklessly disregarded it |
| Found in | C.R.S. 10-3-1115 and 10-3-1116 | The Colorado Supreme Court’s 1985 Savio opinion |
| Recovery | Double the covered benefit, reasonable. attorney fees and court costs | Damages the insurer’s conduct caused |
The statutory rule
C.R.S. 10-3-1115(1)(a) reads that an insurer “shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant.” Subsection (2) supplies the measure: conduct is unreasonable when the insurer has no reasonable basis for it.
The law protects a person claiming under their coverage. A claim against someone else’s liability policy generally falls outside the statute, which is why a claim against the other driver’s insurer is handled differently from a claim against your own. For a claim against an at-fault driver after a crash, see our Westminster car accident lawyer page.
The common-law rule
Travelers Insurance Co. v. Savio sets the common-law standard. On top of unreasonable conduct, you have to show the insurer knew the conduct was unreasonable or recklessly disregarded it, which is a heavier burden than the statute imposes.
Local Knowledge
Westminster, Two Counties, and Two Courthouses
The City of Westminster’s elections page says the city is located in both Jefferson County and Adams County. Adams County’s Cities & Towns page likewise lists part of Westminster within the county.
Adams County
Adams County’s courthouse, the Adams County Justice Center, stands at 1100 Judicial Center Dr., Brighton, CO 80601, and belongs to the 17th Judicial District.
Which of these, if either, hears a given lawsuit depends on the facts, such as your home and the insurer’s places of business. Living on one side of the county line doesn’t settle it alone, and we confirm the court before filing.
Hospital records
St. Anthony North Hospital, at 14300 Orchard Parkway in Westminster, is a Level III facility on Colorado’s trauma facility list. When an insurer doubts whether an emergency visit was needed, the hospital’s chart can help show whether it was.
Westminster claims that can lead to bad faith disputes include:
- A health plan’s refusal to cover a procedure or medication your doctor ordered
- Long-term disability benefits ended after a file review
- A business interruption claim that sits unresolved while the business stays closed
- A water damage claim after a pipe bursts, paid at a fraction of the repair cost
Why CGH
CGH Injury Lawyers for Westminster Policyholders
Preparation that assumes trial
The firm gets each case ready as if it will be tried.
ABOTA
Kevin Cheney, the firm’s managing partner, is an American Board of Trial Advocates (ABOTA) member.
Case review
We go through your policy, the correspondence, and the timeline of the claim.
Spanish-speaking callers
Use (303) 835-9177.
How we handle your case
Our Six-Part Process in Westminster
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The documents
We study the policy, all correspondence, and the claim’s timeline.
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The claims
We decide whether the common-law claim, a statutory claim, or both fit the facts.
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The demand
We send the insurer a formal written demand.
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The evidence
Claims-file materials and documentation, supported by outside expert input where it helps.
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The courthouse
We file where the case belongs, whether that is in Jefferson County, Adams County, or elsewhere.
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The remedies
Our aim is the benefit of the policy owed, plus statutory damages and attorney fees where applicable.
Compensation
Possible Damages in a Westminster Case
We discuss amounts after we read your file. Your coverage, your losses, and the insurer’s conduct all bear on the result.
The benefit your policy owed remains part of the claim, along with what the statute or the common law may allow.
What the statute allows
When benefits owed to a first-party claimant were unreasonably delayed or denied, C.R.S. 10-3-1116(1) lets that claimant sue in district court for double the covered benefit, along with reasonable attorney fees and court costs. Paying an unreasonably delayed benefit before judgment doesn’t let the insurer reduce the doubled sum, the jury instructions add.
What the common law allows
Under Colorado’s damages instruction for this claim, a jury may consider:
- Economic loss, both what’s already happened and what probably lies ahead
- Noneconomic losses or injuries
- Physical impairment or disfigurement, if shown
Punitive damages are possible in some cases, although proof of bad faith “does not alone establish a claim for punitive damages,” as the jury instructions put it.
Insurer defenses
How Westminster Insurers Defend These Claims, and Our Reply
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“The procedure wasn’t covered”
We’ll tell you if an exclusion in your policy applies. A denial that doesn’t explain how the policy language fits your treatment, or that ignores your doctor’s records, raises the reasonable-basis question.
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“Your business losses aren’t documented”
When the documents have been sent and the requests keep changing, a dated record of what went to the insurer can help show how long the claim was held up.
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“Our review found the claim fairly debatable”
Colorado allows an insurer to contest a fairly debatable claim, and that stays true if the insurer’s decision turns out to be mistaken. Per the jury instructions, debatability weighs against bad faith but isn’t outcome-determinative without more, and a claim the insurer had no reasonable basis to deny isn’t fairly debatable.
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“Your doctor’s opinion isn’t enough”
A denial that doesn’t engage with your treating doctor’s findings, or leans on a reviewer who didn’t see your records, is the kind of decision we measure against the statute’s reasonable-basis standard.
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“Newer information supports us”
Colorado evaluates an insurer’s decision based on what it knew when it decided, as the jury instructions explain citing Schultz v. GEICO Casualty Co..
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Deadlines and next steps
Westminster Filing Deadlines
Common-law bad faith is a tort, and the jury instructions apply C.R.S. 13-80-102, which requires filing within two years after you knew, or with reasonable diligence should have known, of the injury and its cause.
For the statutory claim, look to Rooftop Restoration, a 2018 Colorado Supreme Court case deciding that C.R.S. 13-80-103(1)(d), the one-year statute for penalty actions, has no application to claims brought under C.R.S. 10-3-1116(1). The period that does govern your claim is a question for a lawyer.
Where underinsured motorist benefits are part of the picture, the timing shifts again: a bad faith claim for their nonpayment can’t accrue until you’ve obtained a judgment against, or settled with, the underinsured driver. A Westminster uninsured motorist lawyer can explain how that timing applies to your claim.
Questions
Frequently Asked Questions
Can a health insurance denial be a bad faith insurance claim in Colorado?
Yes. A statutory bad faith insurance claim in Colorado can arise when a health insurer unjustifiably delays or refuses to provide covered benefits, as a health claim is considered a claim under your coverage.
Westminster sits in two counties. Does that change where my case goes?
It can. Venue depends on the facts, including your address and the insurer’s places of business, and a Westminster case may belong in Jefferson County at the Jefferson Combined Court or in Adams County at the Adams County Justice Center.
My disability carrier says the policy gives it discretion. Is that allowed?
Not in a policy issued in Colorado. For health and disability policies issued in Colorado, C.R.S. 10-3-1116(2) voids provisions reserving discretion to the insurer to interpret the terms or determine eligibility.
Does a business interruption claim qualify?
It can, if you’re claiming benefits under your business policy. The statute protects first-party claimants whose covered benefits were unreasonably delayed or denied.
What can I recover if I win?
The statute lets you seek double the covered benefit along with reasonable attorney fees and court costs. A common-law claim can add economic and noneconomic losses from the insurer’s conduct, with punitive damages possible only in some cases.
Are life insurance claims covered by the statute?
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.
My insurer keeps asking for the same records. What should I do?
Send what is reasonably requested and keep a copy of each item with the date it went out. When a request repeats, answer in writing, attach what you already sent, and hold on to that exchange, since a pattern of repeat requests can bear on whether a delay had a reasonable basis.
Where is the CGH Injury Lawyers office?
We don’t have a Westminster location. Our office is in Denver, at 2701 Lawrence St., Suite 201. Call (303) 209-9395 to reach us.
Keep Reading
Related pages
It's More Than Money.
Speak With a Westminster Bad Faith Insurance Attorney
Tell us where your claim stands, and a bad-faith insurance attorney will review it with you. Call (303) 209-9395, or send details through the contact page.
A different kind of injury claim starts on our Westminster personal injury lawyers page.
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.