The courthouse
The Arapahoe County Justice Center is in Centennial at 7325 S. Potomac Street, Centennial, CO 80112. Arapahoe County belongs to the 18th Judicial District.
IT'S MORE THAN MONEY.
Centennial Bad Faith Insurance Lawyers for Policyholders Whose Claims Stalled
You paid your premiums so a covered loss would get paid. When your insurer drags a claim out, turns it down or offers far less than the policy covers, Colorado law gives you ways to push back. Call (303) 209-9395 to tell us what happened.
No fee unless we win
Or speak with us now
(303) 209-9395
Centennial, Arapahoe County
Why policyholders call us
CGH Injury Lawyers represents Centennial 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
- Trial-ready, not settlement-shy
- No fee unless we win
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ABOTA trial advocate on the team
Trial lawyers, not a settlement mill
8 attorneys, bilingual EN / ES
A claim that should have been simple can turn into months of forms, callbacks, and silence. A Centennial bad faith insurance lawyer looks at whether your insurer had a real reason for what it did and what Colorado law lets you do if it didn't.
CGH Injury Lawyers works with Centennial policyholders from our Denver office. Call (303) 209-9395 or use our contact page to tell us about your claim.
What This Page Covers
- The two kinds of bad faith claims Colorado recognizes
- Where a Centennial case may be filed, and the local records that can matter
- How we work on a bad faith case, step by step
- What you may be able to recover
- What insurers argue, and the deadlines to watch
Key Takeaways
- Your insurer owes you good faith. Colorado's jury instructions say an insurance company "owes to those it insures the duty of good faith and fair dealing" (Colorado Civil Jury Instructions, ch. 25).
- There are two paths. A common-law claim and a claim under C.R.S. 10-3-1116 are separate, and one set of facts can support both.
- The statute has its own remedy. A first-party claimant whose benefits were unreasonably delayed or denied can seek two times the covered benefit, plus reasonable attorney fees and court costs (C.R.S. 10-3-1116(1)).
- Not every policy is covered by 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)).
- Time matters. A common-law bad faith claim is a tort that generally has a two-year statute of limitations, counted from when you knew or should have known of the injury and its cause. Have a lawyer confirm your deadline.
A Centennial Claim That Isn't Getting Paid
You may have waited weeks already. You filed on time, answered every question, and sent the documents, and the claim still isn't paid.
Whether it's a roof claim after a storm, a car claim on your own policy or a disability benefit that stopped, the statutory question is the same: whether your insurer had a reasonable basis for what it did. We look at the file and give you a plain answer.
Common law vs. statute
Two Ways Colorado Law Holds an Insurer Accountable
Colorado recognizes a common-law claim for bad faith and a separate claim under statute. The jury instructions describe the statutory claim as "in addition to and separate from a common-law claim for first-party bad faith breach of insurance contract" (Colorado Civil Jury Instructions, ch. 25).
| Common-law bad faith | Statutory claim (C.R.S. 10-3-1115, 10-3-1116) | |
|---|---|---|
| What you have to show | The insurer acted unreasonably, and knew it or recklessly disregarded that its conduct was unreasonable | The insurer delayed or denied a covered benefit without a reasonable basis |
| Where it comes from | Travelers Insurance Co. v. Savio, a 1985 Colorado Supreme Court decision | Colorado's insurance code |
| What it can lead to | Damages caused by the insurer's conduct | Two times the covered benefit, plus reasonable attorney fees and court costs |
The common-law claim
In Savio, the Colorado Supreme Court said the standard "includes two elements: unreasonable conduct and knowledge that the conduct is unreasonable or a reckless disregard for the fact that the conduct is unreasonable." That second part is what makes the common-law claim harder to prove than the statutory one.
The statutory claim
C.R.S. 10-3-1115(1)(a) says an insurer "shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant." Under 10-3-1115(2), a delay or denial is unreasonable if the insurer acted "without a reasonable basis for that action."
The statute protects first-party claimants, meaning people claiming benefits under a policy that covers them. It doesn't cover "a person asserting a claim against an insured under a liability policy," so a claim against another driver's insurer generally falls outside it (C.R.S. 10-3-1115(1)(b)).
Local Knowledge
Centennial's Courthouse and Local Records
The City of Centennial describes itself as located in Arapahoe County. Where a lawsuit against an insurer is filed depends on the facts, including where the insurer does business and where you live.
Medical records
When an insurer questions a medical bill, the records from the emergency room and any hospital stay can help show what care you needed. HCA HealthONE Centennial, A part of Aurora Hospital, at 14200 E Arapahoe Rd, appears as a Level IV facility on the state health department's trauma facility list.
How a claim can turn into a dispute
A Centennial claim that turns into a bad faith dispute can begin in several ways:
- A storm or fire claim on your home where the insurer's estimate doesn't match the repair bids
- An uninsured or underinsured motorist claim on your own auto policy after a crash
- A health or disability benefit that's denied or cut off
- A claim that sits "under review" for months while the insurer keeps asking for the same papers
Why CGH
Why Centennial Policyholders Work With CGH Injury Lawyers
Case review
We go through your policy, the correspondence, and the timeline of the claim.
Trial preparation
Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA), and the firm prepares each case as if it will be tried.
Our Denver office
We work from 2701 Lawrence St., Suite 201, Denver, CO 80205.
English and Spanish
If Spanish is your first language, call (303) 835-9177.
How we handle your case
How We Build a Centennial Bad Faith Case
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We read your policy and your claim file
Coverage, letters, emails, and the timeline show where the claim actually stands.
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We match the facts to the law
Some cases fit the common-law claim, some fit C.R.S. 10-3-1116, and some fit both.
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We send a formal demand
We put the demand in writing and send it to the insurer.
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We gather the proof
Claim-file materials, the documents you sent, and, where it helps, outside expert input.
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We file where the case belongs
For a Centennial policyholder, that may be the district court for Arapahoe County, at the Arapahoe County Justice Center, but we confirm the right court for your facts first.
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We pursue what the law allows
That can include the unpaid benefit, the statutory recovery, and attorney fees.
Compensation
What You May Be Able to Recover
The amount depends on your policy, your losses, and how the insurer handled the claim. We look at the file before we discuss a number.
Under the statute
A successful claim under C.R.S. 10-3-1116(1) can include "reasonable attorney fees and court costs and two times the covered benefit." The Colorado jury instructions note that the two-times award may not be reduced by an unreasonably delayed benefit the insurer paid before judgment.
Under the common law
Colorado's jury instruction for common-law bad faith lists the kinds of damages a jury considers:
- Economic losses you've had or will probably have
- Noneconomic losses or injuries
- Physical impairment or disfigurement, where the facts support it
Punitive damages are possible in some cases, but the jury instructions say proof of bad faith "does not alone establish a claim for punitive damages."
Insurer defenses
What Insurers Argue, and How We Answer
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"The claim was fairly debatable"
An insurer may challenge a fairly debatable claim, even if its decision later turns out to be mistaken. The jury instructions say a fairly debatable claim weighs against bad faith but isn't, without more, "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.
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"We're still investigating"
An insurer may need time to review a claim. An investigation that keeps going with no new questions and no decision is something else, and a dated timeline can help show the difference.
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"We need more documents"
Your insurer can ask for documents it needs. When the same request keeps coming back, your own record of what you sent, and when, can help show that.
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"Our decision was right based on what we know now"
Colorado courts judge an insurer's decision based on what it knew when it made that decision. The jury instructions cite Schultz v. GEICO Casualty Co. for that rule.
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Deadlines and next steps
Deadlines for a Centennial Bad Faith Claim
The jury instructions describe common-law bad faith as a tort that is barred under C.R.S. 13-80-102 "unless brought within two years" after both the injury and its cause are known, or should have been known with reasonable diligence.
For the statutory claim, the Colorado Supreme Court held in Rooftop Restoration, Inc. v. American Family Mutual Insurance Co. that the one-year limit for penalty actions in C.R.S. 13-80-103(1)(d) does not apply to a claim under C.R.S. 10-3-1116(1). The date your clock started can be a real question, so have a lawyer confirm your deadline.
For an underinsured motorist claim, the timing works differently. The jury instructions note that a bad faith claim for nonpayment of underinsured motorist benefits can't accrue until you've obtained a judgment against, or settled with, the underinsured driver.
Questions
Frequently Asked Questions
What counts as a bad faith insurance claim in Colorado?
A bad faith insurance claim in Colorado is about how your own insurer handled a claim. Under C.R.S. 10-3-1115, an insurer may not unreasonably delay or deny payment of benefits owed to a first-party claimant, and a delay or denial is unreasonable if it had no reasonable basis. A common-law claim also requires showing the insurer knew its conduct was unreasonable or recklessly disregarded that fact.
Can I bring a bad faith claim against the other driver's insurance company?
Generally not under the statute. C.R.S. 10-3-1115 excludes "a person asserting a claim against an insured under a liability policy." A statutory bad faith claim is about a policy that covers you, such as your own uninsured or underinsured motorist coverage.
How much can I recover in a Centennial bad faith case?
It depends on the facts. The statute lets a first-party claimant whose claim was unreasonably delayed or denied sue for two times the covered benefit plus reasonable attorney fees and court costs (C.R.S. 10-3-1116). A common-law claim can include economic and noneconomic damages caused by the insurer's conduct.
My insurer is slow. Is that bad faith?
Not always. A delay is unreasonable under the statute when the insurer has no reasonable basis for it, so the statute looks at the reason behind the delay. We look at the whole timeline before giving you an answer.
Does the bad faith statute cover my health or disability claim?
It can. Health and disability insurance aren't among the statute's exclusions for workers' compensation, title and life insurance (C.R.S. 10-3-1115). Colorado also voids provisions in a health or disability policy issued in Colorado that reserve discretion to the insurer to interpret the policy or decide eligibility (C.R.S. 10-3-1116(2)).
Where would a Centennial bad faith lawsuit be filed?
It depends on the facts, including where the insurer does business and where you live. For a Centennial policyholder, that may be the district court for Arapahoe County, at the Arapahoe County Justice Center. We confirm the right court before filing.
Does CGH Injury Lawyers have an office in Centennial?
No. We serve Centennial clients from our Denver office at 2701 Lawrence St., Suite 201. You can reach us at (303) 209-9395.
Keep Reading
Related pages
It's More Than Money.
Speak With a Centennial Bad Faith Insurance Attorney
If your insurer has stopped answering, turned you down or offered less than your policy covers, a bad-faith insurance attorney can look at the file with you. Call (303) 209-9395 or use our contact page to tell us what happened.
You can read how a Colorado bad faith insurance lawyer approaches these cases, or see our Denver bad faith insurance lawyer page. If your claim started with a crash, our Centennial car accident lawyer and Centennial uninsured motorist lawyer pages may help. For everything else, see our Centennial 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.