District court
The Boulder County Combined Court sits at 1777 6th St., Boulder, CO 80302. Boulder County is in the 20th Judicial District.
IT'S MORE THAN MONEY.
Boulder Bad Faith Insurance Lawyers When Your Own Policy Isn't Paying
Your policy was supposed to be the safety net. If the company behind it has stopped answering, refused a covered loss, or sent a check that doesn't come close, you have rights under Colorado law. Tell us what happened at (303) 209-9395.
No fee unless we win
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(303) 209-9395
Boulder, Boulder County
Why policyholders call us
CGH Injury Lawyers represents Boulder 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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Trial lawyers, not a settlement mill
8 attorneys, bilingual EN / ES
You reported the loss, sent what the adjuster asked for, and waited. Now the answer is a denial, a partial payment or nothing at all. A Boulder bad faith insurance lawyer can test your insurer's reasons against Colorado law and tell you whether they hold up.
CGH Injury Lawyers serves Boulder policyholders from its Denver office, which the firm founded in 2016. Reach us at (303) 209-9395 or through our contact page.
What This Page Covers
- The duty your insurer owes you, in plain terms
- How the statutory claim and the common-law claim differ
- The Boulder County court, hospital, and police records tied to a claim
- Our case steps, possible recovery, insurer defenses, and deadlines
Key Takeaways
- Good faith is a legal duty. The Colorado Civil Jury Instructions, chapter 25, recognize that your insurer owes you a duty of good faith and fair dealing.
- The statute turns on one question. A delay or denial is unreasonable when the insurer acted without a reasonable basis for it (C.R.S. 10-3-1115(2)).
- You may be able to seek double the benefit. C.R.S. 10-3-1116(1) lets a first-party claimant whose claim was unreasonably delayed or denied sue to recover double the covered benefit, plus reasonable attorney fees and court costs.
- Some policies sit outside the statute. Among its limits, it doesn't apply to workers' compensation, title insurance, or life insurance issued under article 7 of Title 10 (C.R.S. 10-3-1115(5), (6)).
- Watch the two-year limit. Common-law bad faith generally must be filed within two years of when you knew, or reasonably should have known, about the harm and its cause, and a lawyer should confirm your date.
When a Boulder Claim Goes Sideways
Maybe a kitchen fire left smoke damage through the house, and the insurer will only pay to clean one room. Maybe your car was stolen from a trailhead lot, and the claim has been "pending" since spring.
A health plan may refuse a procedure your doctor ordered. The details differ, and the statutory test stays the same: whether the company acted without a reasonable basis.
A few patterns in a claim file are worth a closer look:
- A denial letter that never points to the policy language it relies on
- An estimate that leaves out damage your own contractor documented
- Requests for records you already sent, with no explanation of what's missing
- A reservation of rights letter followed by months of silence
Keep every letter, email, photo, and receipt, and write down the date of each phone call. That record can help a lawyer show how the claim was handled.
Common law vs. statute
Two Claims Colorado Recognizes
Colorado lets a policyholder bring a statutory claim, a common-law claim, or both. According to the jury instructions, the statutory action stands "in addition to and separate from" a Savio claim, so neither one cancels the other.
| Point of comparison | Statutory claim | Common-law claim |
|---|---|---|
| Legal source | C.R.S. 10-3-1115 and 10-3-1116 | Travelers Insurance Co. v. Savio (Colo. 1985) |
| Your burden | Show the delay or denial had no reasonable basis | Show unreasonable conduct and that the insurer knew it, or recklessly ignored it |
| Relief | Double the covered benefit, reasonable attorney fees and court costs | Damages flowing from the insurer's conduct |
Under the statute
Colorado's insurance code bars a company from unreasonably holding up or refusing benefits it owes a first-party claimant (C.R.S. 10-3-1115(1)(a)). The statute protects people and businesses claiming benefits under their own coverage, whether that's a homeowner's policy, an auto policy or a commercial property policy.
It doesn't reach someone making a claim against another person's liability policy. A claim against the at-fault driver's insurer generally falls outside it, while your own uninsured or underinsured motorist coverage can fall inside it.
Under the common law
Savio requires two things: conduct that was unreasonable and an insurer that either knew as much or recklessly disregarded it. The knowledge piece is extra proof that the statutory claim doesn't require, which is why the common-law route is harder.
Local Knowledge
Boulder County Courts, Hospital and Police Records
Boulder appears on Boulder County's list of incorporated municipalities. Where a lawsuit against your insurer is filed depends on the facts, for example, where the insurer does business and where you live.
Hospital records
If an insurer pushes back on a medical bill, your emergency and inpatient records help show what care you needed. Boulder Community Health's Foothills Hospital, at 4747 Arapahoe Avenue, is listed as a Level II facility on the state's designated trauma facility list.
Police records
For a theft or crash claim, the report can matter. The Boulder Police Department allows you to request records on their page.
- Police reports and photos
- Body camera or dash camera video
- 911 audio recordings
- CAD incident reports
The city notes there may be a research fee, depending on the records you request.
Why CGH
Reasons to Call CGH Injury Lawyers
Trial preparation
The firm prepares each case as if it will be tried.
ABOTA membership
Kevin Cheney, the firm's managing partner, is a member of ABOTA, the American Board of Trial Advocates.
Roots in Denver
The firm, formerly Cheney Galluzzi & Howard, has been based in Denver since 2016.
Spanish-language line
Call (303) 835-9177 to talk in Spanish.
How we handle your case
Our Process on a Boulder Bad Faith Case
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Reading the paper trail
We go through your policy, the letters and emails, and the timeline of the claim.
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Choosing the legal theory
Your facts may support the common-law claim, the statutory claim or both.
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Putting the insurer on notice
We send a formal demand.
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Building the record
Claims-file materials and your documents come first, with outside expert input where it helps.
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Filing in the right court
We file where the case belongs; for someone living in Boulder, that could be the district court for Boulder County.
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Pursuing what applies
That can mean the underlying benefit, statutory damages and attorney fees where they apply.
Compensation
Possible Recovery in a Bad Faith Case
We get to numbers after reading the claim file. What the law allows depends on which claim fits your facts, and on the losses you can document.
Statutory recovery
Section 10-3-1116(1) lets you pursue double the covered benefit together with reasonable attorney fees and court costs. The jury instructions say that award may not be reduced by the amount of an unreasonably delayed benefit the insurer paid before judgment.
Common-law damages
The jury instruction for common-law bad faith covers:
- Financial losses so far, and those you'll probably face later
- Noneconomic losses or injuries you have had or will probably have
- Disfigurement or physical impairment, if the evidence supports it
Punitive damages can come into play in some cases. Proving bad faith, standing alone, isn't enough to support them, per the notes to the jury instructions.
The statutory action also stands alongside other claims. Under C.R.S. 10-3-1116(4), it is in addition to other actions available by statute or common law.
Insurer defenses
Arguments Insurers Raise
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"Our decision holds up on what we know today"
Colorado measures a denial by the information the insurer had when it denied the claim. The jury instructions cite Schultz v. GEICO Casualty Co. for that point, so we look at what the insurer had in front of it when it decided.
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"Reasonable people could disagree."
Insurers may challenge claims that are "fairly debatable," even when the denial later turns out to be mistaken. The jury instructions add that this factor weighs against bad faith but isn't, without more, "outcome-determinative." When the insurer lacked a reasonable basis, the claim wasn't fairly debatable.
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"We need more information from you"
Your insurer can ask for records it needs. When the same request comes back after you've answered it, a dated log of what you sent can help show the repeat.
The jury instructions also note that conduct prohibited by statute may be considered as evidence of unreasonable delay or denial (citing C.R.S. 10-3-1113(2) and (3)).
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"The file is still open"
Under the statute, the question is whether the delay had a reasonable basis (C.R.S. 10-3-1115(2)), and a dated timeline of requests and responses can help show that.
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Deadlines and next steps
Filing Deadlines
Because common-law bad faith is a tort, the jury instructions apply C.R.S. 13-80-102 to it. That means a two-year window, starting once you knew, or with reasonable diligence, should have known, both the injury and what caused it.
The statutory claim is different. In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., the Colorado Supreme Court ruled that the one-year period for penalty actions in C.R.S. 13-80-103(1)(d) does not govern a section 10-3-1116(1) claim. Pinning down when your clock began takes care, so have a lawyer confirm your deadline.
Underinsured motorist claims follow their timing. Per the jury instructions, a bad faith claim for unpaid underinsured motorist benefits can't accrue until you've obtained a judgment against, or settled with, the underinsured driver.
Questions
Frequently Asked Questions
Is a slow claim the same as bad faith?
Not automatically. The statute looks at whether the insurer had a reasonable basis for the delay, so a slow claim with a real reason behind it is different from one that simply sits.
What is a bad faith insurance claim in Colorado?
A bad faith insurance claim in Colorado challenges how your insurer handled a claim for benefits. It can rest on the statute, which bars unreasonable delay or denial of benefits owed to a first-party claimant, on the common law, or on both.
Can my health insurer's policy give it the final word on what's covered?
Not through a discretion clause. For a policy issued in Colorado that offers health or disability benefits, C.R.S. 10-3-1116(2) bars a provision reserving discretion to the insurer to interpret the policy or decide eligibility, and any such provision is void.
My claim was against the other driver's insurance company. Does the statute apply?
Generally not. The statute's definition of a first-party claimant leaves out people pursuing someone else's liability coverage, while a claim on your own uninsured or underinsured motorist coverage can qualify.
Which courthouse handles a bad faith lawsuit from Boulder?
That depends on your facts, including where the insurer does business and where you live. It could be the district court for Boulder County, which sits in the Combined Court building at 1777 6th St. We check the venue before anything is filed.
Can I get a jury trial if my disability claim was denied?
Yes, if the policy was issued in Colorado and you've exhausted your administrative remedies. For a health, life or disability claim denied in whole or in part under such a policy, Colorado gives you the right to de novo review in court and to a jury trial (C.R.S. 10-3-1116(3)).
What should I have ready when I call?
Your policy, the denial or payment letters, and any estimates, bills or photos are a good start. A list of the dates you called or wrote the insurer helps too, because the timeline can help show whether a delay had a reasonable basis. If you don't have everything, call anyway and we'll work out what's missing.
Is there a CGH Injury Lawyers office in Boulder?
No. We work with Boulder clients from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. Call (303) 209-9395 to reach us.
Keep Reading
Related pages
It's More Than Money.
Speak With a Boulder Bad Faith Insurance Attorney
A bad faith insurance attorney can look at your denial letter, your policy, and the timeline with you. Call (303) 209-9395 or tell us what happened through the contact page.
More background is on our Colorado bad faith insurance lawyer page and our Denver bad faith insurance lawyer page. If a collision started all this, read about working with a Boulder car accident lawyer or a Boulder uninsured motorist lawyer. Our Boulder personal injury lawyers page covers the rest of what we handle for clients there.
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.