The court
The Jefferson Combined Court is at 100 Jefferson County Parkway, Golden, CO 80401. Jefferson County belongs to the 1st Judicial District, together with Gilpin County.
IT'S MORE THAN MONEY.
Golden Bad Faith Insurance Lawyers for Fire Claims and Other Stalled Benefits
A kitchen fire, a crash with a driver who carried too little coverage, and a hospital bill your health plan won’t touch. If your insurer is the reason the claim hasn’t been paid, Colorado law has something to say about it. Call (303) 209-9395 to start the conversation.
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(303) 209-9395
Golden, Jefferson County
Why policyholders call us
CGH Injury Lawyers represents Golden 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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- 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
The smoke is gone, the contractor has written up the repairs, and your insurer still hasn’t approved the work. That’s the kind of situation a Golden Bad Faith insurance lawyer is there to examine, starting with whether the company had a reasonable basis for holding back.
People in Golden work with CGH Injury Lawyers through our office in Denver. To tell us about your claim, dial (303) 209-9395 or use the form on our contact page.
What This Page Covers
- Why Golden policyholders reach out once a claim goes sideways
- The legal standards for Colorado’s common-law and statutory claims
- Golden’s courthouse, nearby trauma care, and fire department records
- How we put a bad faith case together and what it may recover
- Insurer arguments, and the time you have to act
Key Takeaways
- The duty runs to you. Colorado jury instructions state that an insurer owes the people it insures a duty of good faith and fair dealing (Colorado Civil Jury Instructions, ch. 25).
- Two claims, two standards. The common-law claim needs unreasonable conduct plus knowledge or reckless disregard, while the statute asks only whether the conduct had a reasonable basis.
- The statute lets you sue for more than the benefit. If your claim was unreasonably delayed or denied, you can seek twice the covered benefit, plus reasonable attorney fees and court costs, under section 10-3-1116(1).
- Some lines of insurance are carved out. Workers’ compensation, title, and life insurance are among the lines outside the statute (C.R.S. 10-3-1115).
- Time limits apply. For a common-law claim, the general window is two years, and it opens once the harm and what caused it are known or reasonably discoverable.
Why Golden Policyholders Reach Out
Some calls start with a fire claim that has been open for months. Others start with an underinsured motorist claim on the caller’s own policy or a health insurer that won’t pay for care a doctor ordered.
What these situations have in common is a company that owes you something under your policy but hasn’t delivered it. We find out why and whether the reason would hold up in front of a judge or jury. Occasionally the insurer’s reason does hold up, and when it does, we’ll tell you.
Before we talk, it helps to gather a few things:
- The policy and its declarations page
- The insurer’s letters, emails, and any written estimate
- Your notes on phone calls, with dates
- Photos, receipts, and repair or medical bills
If the insurer has sent a reservation of rights letter or has asked for an examination under oath, bring that too.
Common law vs. statute
Colorado’s Two Bad Faith Claims
A Colorado policyholder can bring a common-law bad faith claim, a statutory claim, or both. The civil jury instructions treat the statutory claim as “in addition to and separate from” the common-law one (Colorado Civil Jury Instructions, ch. 25).
| Feature | Statutory (C.R.S. 10-3-1115, 10-3-1116) | Common law |
|---|---|---|
| Starting point | The insurance code | Travelers Insurance Co. v. Savio, Colorado Supreme Court, 1985 |
| Core showing | Delay or denial with no reasonable basis | Unreasonable conduct, with knowledge or reckless disregard |
| Relief | A suit for two times the covered benefit, plus reasonable attorney fees and court costs | Damages flowing from the bad faith |
Under the statute
Colorado’s insurance code makes it unlawful for an insurer to unreasonably hold up or refuse payment of benefits owed to a first-party claimant (C.R.S. 10-3-1115(1)(a)). The yardstick for “unreasonably” is simple to state: the insurer acted without a reasonable basis.
Not every claimant is covered. The definition of first-party claimant excludes a person asserting a claim against an insured under a liability policy, which generally leaves out a claim against the other driver’s insurer.
Under the common law
Savio requires two things: conduct that was unreasonable and an insurer that knew it was unreasonable or recklessly disregarded that it was. The jury instructions contrast this standard with the statute, which requires proof of unreasonable conduct alone.
That extra element makes the common-law claim harder to win. It can still matter, because its damages are measured differently.
We weigh both claims during the case review. The same letters, estimates, and call notes can support each claim.
Local Knowledge
Golden’s Courthouse, Hospital Records and Fire Reports
Golden is a Jefferson County city, and the county’s courthouse is in Golden itself. Where a particular lawsuit is filed still depends on the facts, including where you live and where the insurer does business.
Trauma care and medical records
If your insurer balks at paying for treatment, the hospital’s own records can help show what care you needed. The state’s designated trauma facility list shows St. Anthony Hospital in Lakewood, at 11600 West 2nd Place, as a Level I facility.
Fire department reports
The Golden Fire Department says it’s equipped to respond to fire emergencies and medical incidents. If its crews responded to your home, their report may help show how a fire started when an insurer disputes the cause.
Situations that can lead to a dispute:
- A kitchen or house fire claim where the insurer’s scope leaves out damaged rooms
- An underinsured motorist claim under your own auto policy after a crash
- A health insurance denial for treatment your doctor ordered
- A hail claim on a roof or vehicle that’s been paid at a fraction of the estimate
Why CGH
Reasons Golden Clients Hire CGH Injury Lawyers
We prepare for trial
Each case is prepared as if it will be tried, whatever stage it’s in.
ABOTA membership
Kevin Cheney, the firm’s managing partner, holds membership in the American Board of Trial Advocates.
Spanish and English
Call our Spanish line at (303) 835-9177. Our office is at 2701 Lawrence St., Suite 201, Denver.
How we handle your case
Building a Golden Bad Faith Case
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Reading the paper trail
Your coverage, the correspondence, and the claim timeline tell us where things stand.
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Sorting out the claims
We decide whether your facts support common-law bad faith, the statutory claim, or both.
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Sending a demand
The insurer gets a formal written demand.
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Pulling in evidence
We gather claims-file materials and documentation, as well as outside expert input when it adds value.
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Filing the case
We file where the case belongs, which may be the district court for Jefferson County, at the Jefferson Combined Court in Golden.
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Seeking the recovery
We pursue the underlying benefit, statutory damages, and attorney fees, where applicable.
Compensation
What a Golden Bad Faith Claim Can Recover
The value depends on the policy, what you lost, and the way the claim was handled. We review the file before we talk about numbers.
Statutory damages
Under the statute, a first-party claimant whose claim was unreasonably delayed or denied can sue in district court to recover two times the covered benefit, plus reasonable attorney fees and court costs (C.R.S. 10-3-1116(1)). The statutory action also sits alongside any other statutory or common-law claim you have (C.R.S. 10-3-1116(4)).
Common-law damages
Colorado’s pattern instruction points jurors to:
- Economic losses that you’ve had or probably will have
- Noneconomic losses or injuries
- Physical impairment or disfigurement, if the facts support it
Punitive damages
They may be available in some cases. Even so, the jury instructions make plain that a bad faith finding, by itself, isn’t enough to support them.
Insurer defenses
Insurer Arguments We Answer
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“You’ve already been paid”
The jury instructions say the two-times award may not be reduced by an unreasonably delayed benefit the insurer paid before judgment.
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“We had the right to question this claim”
Your insurer may challenge a claim that is fairly debatable, even if its decision to deny coverage later turns out to be mistaken. That weighs against a finding of bad faith, but without more it isn’t outcome-determinative, and it isn’t necessarily enough to defeat a bad faith claim as a matter of law. A claim the insurer had no reasonable basis to deny isn’t fairly debatable.
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“Our later investigation supports the denial”
Colorado judges an insurer’s decision by the information it had when it decided. That principle comes from Schultz v. GEICO Casualty Co., which Colorado’s jury instructions rely on.
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“We just need a few more things from you”
You may need to answer reasonable requests for documents. A dated record of repeated requests for papers you’ve already provided can help show the pattern.
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Deadlines and next steps
Time Limits for a Golden Bad Faith Claim
Because the jury instructions classify common-law bad faith as a tort, C.R.S. 13-80-102 applies to it. The suit has to come within two years of the date you learned, or through reasonable diligence, you would have learned, both that you were harmed and why.
Statutory claims got one answer from Rooftop Restoration, Inc. v. American Family Mutual Insurance Co.: Colorado’s high court ruled out the one-year limit in C.R.S. 13-80-103(1)(d) for an action under section 10-3-1116(1). Your start date may be disputed, so a lawyer should confirm the deadline for your claim.
An underinsured motorist bad faith claim for nonpayment is different again. That claim can’t accrue until you’ve either obtained a judgment against the underinsured driver or settled with that driver.
Questions
Frequently Asked Questions
What is the difference between the two kinds of bad faith insurance claim in Colorado?
A common-law bad faith insurance claim in Colorado requires unreasonable conduct plus the insurer’s knowledge or reckless disregard of it. The statutory claim requires only a delay or denial of a covered benefit without a reasonable basis (C.R.S. 10-3-1115).
My fire claim has been open for months. What can I do?
Start by collecting the insurer’s letters, your estimates, and a timeline of every contact. We can review whether the delay had a reasonable basis and whether a statutory or common-law claim fits.
Does the statute help with an underinsured motorist claim?
It can, when the claim is under your own uninsured or underinsured motorist coverage. A claim against the at-fault driver’s liability insurer generally falls outside the statute.
Can I bring the statutory claim and the common-law claim together?
Yes, if the facts support both. The statutory action is in addition to other actions available by statute or common law (C.R.S. 10-3-1116(4)), and the jury instructions treat the two claims as separate.
Would my case be heard at the courthouse in Golden?
It might. The proper court turns on your circumstances, among them your address and the places the insurer operates, and Jefferson County’s district court in Golden is one option.
Can the statute apply to a health insurance denial?
It can. Health coverage isn’t among the statute’s exclusions for workers’ compensation, title and life insurance. For health and disability policies issued in Colorado, a clause reserving discretion to the insurer to interpret the policy or decide eligibility is void (C.R.S. 10-3-1116(2)).
Does CGH Injury Lawyers have a Golden office?
No. Golden residents can visit our Denver location at 2701 Lawrence St., Suite 201. The phone number is (303) 209-9395.
Keep Reading
Related pages
It's More Than Money.
Speak With a Golden Bad Faith Insurance Attorney
When an insurer has stopped moving, a bad-faith insurance attorney can sit down with the file and lay out your options in plain terms. The number is (303) 209-9395, and our contact page works too.
For a wider view, our Colorado bad faith insurance lawyer page covers the practice across the state, and our Denver bad faith insurance lawyer page focuses on Denver. If a collision is behind the claim, look at the Golden uninsured motorist lawyer page, then the one for a Golden car accident lawyer. Everything else we handle locally is listed under Golden personal injury lawyers.
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.