ClickCease
Free consultations · Se habla espanol
Pueblo, Colorado. CGH Injury Lawyers holds insurance companies accountable for bad faith across Pueblo.

IT'S MORE THAN MONEY.

Pueblo Bad Faith Insurance Lawyers for Denied Surgeries, Storm Damage, and Stalled Business Claims

If your insurer is sitting on a covered claim, denying it on thin grounds or offering a number that doesn’t match the loss, Colorado law lets you hold it to account. Call (303) 209-9395 to tell us about the claim.

No fee unless we win
Or speak with us now (303) 209-9395

Pueblo, Pueblo County

Why policyholders call us

CGH Injury Lawyers represents Pueblo 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.

  • 5.0-star Google rating
  • ABOTA trial advocate on the team
  • Trial-ready, not settlement-shy
  • 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

Dealing with your insurance company shouldn’t feel like a fight, yet here you are, rereading a denial letter for the third time. A Pueblo bad faith insurance lawyer can tell you whether the company’s reasons stand up under Colorado’s rules for first-party claims.

CGH Injury Lawyers takes on Pueblo claims from its Denver office. Call (303) 209-9395, or open our contact page and give us a short account of what went wrong.

The content on this page is provided 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.

What This Page Covers

  • Where the duty of good faith comes from, and how Colorado enforces it
  • The Pueblo courthouse, the judicial district and a local trauma facility
  • What we do on a Pueblo bad faith file, in order
  • The recovery available under statute and common law
  • Common insurer arguments and the deadlines you face

Key Takeaways

  • The duty starts with the policy you bought. An insurer “owes to those it insures the duty of good faith and fair dealing,” according to the Colorado Civil Jury Instructions, chapter 25.
  • A claim can rest on statute, case law, or both. Colorado treats them as distinct claims.
  • Lack of a reasonable basis is the core issue. That’s what makes a delay or denial unreasonable under the insurance code.
  • The statute’s remedy is specific. A winning claimant can recover twice the covered benefit and reasonable attorney fees and court costs.
  • Check your deadline early. The common-law claim generally carries a two-year limit, and a lawyer should confirm how it applies to you.

When Pueblo Policyholders Reach Out

A health plan denies a surgery your doctor ordered, calling it outside the policy when the policy language says otherwise. A windstorm tears the roof off your detached garage, and the insurer pays for shingles while refusing the framing underneath. After a fire closes the doors, a shop owner files a business interruption claim, but months pass without a decision.

What ties these together is a single statutory question. We go through the claim file to see whether your insurer had a reasonable basis for its actions, and we tell you straight what we find.

You don’t need a perfect file before you call. Bring what you have, such as the declarations page of the policy, the denial or payment letter, and any estimates, bills, or photos you collected along the way.

Common law vs. statute

Statute or Common Law: How the Two Claims Differ

Colorado’s jury instructions set the statutory claim apart from the older one, calling it “in addition to and separate from” the common-law claim. The statute also says its action is in addition to other statutory and common-law actions (10-3-1116(4)). For a longer look at each one, see our Colorado bad faith insurance lawyer page.

Point of comparisonCommon-law bad faithStatutory unreasonable delay or denial
OriginTravelers Insurance Co. v. Savio, Colorado Supreme Court, 198510-3-1115 and 10-3-1116 of the Colorado statutes
ElementsUnreasonable conduct, plus knowledge or reckless disregard of thatConduct without a reasonable basis
ReliefDamages caused by the conduct, and punitive damages in some casesTwice the covered benefit, reasonable attorney fees and court costs

What Savio requires

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.” Proving what the insurer knew is the extra hurdle.

What the insurance code requires

The code bars a company in the insurance business from unreasonably delaying or denying payment of a claim for benefits owed to a first-party claimant (10-3-1115(1)(a)). Subsection (2) spells out when that’s unreasonable: the insurer acted without a reasonable basis for the action.

Excluded from the definition of first-party claimant is anyone making a claim against an insured under a liability policy. Put simply, the statute is about your coverage, and a claim against the other side’s insurer generally isn’t part of it. Our Pueblo car accident lawyer page explains the separate claim against an at-fault driver.

Local Knowledge

The Pueblo Courthouse and Local Records

Pueblo County’s courts are located in the city itself. The facts, including where you live and where the company conducts business, determine where your lawsuit against an insurer belongs.

Pueblo Combined Court

The Judicial Branch lists the Pueblo Combined Court at 501 N. Elizabeth Street, Pueblo, CO 81003. Pueblo County is in the 10th Judicial District.

Disputes we can look at

A Pueblo bad faith claim might grow out of:

  • A health insurance denial for treatment your doctor ordered
  • Wind or storm damage: The insurer scoped too narrowly
  • A business interruption claim left without a decision
  • A claim on your own uninsured or underinsured motorist coverage after a crash
Why CGH

Why Pueblo Clients Choose CGH Injury Lawyers

Case review

We go through your policy, the correspondence, and the timeline of the claim.

Prepared for trial

Managing Partner Kevin Cheney belongs to ABOTA, the American Board of Trial Advocates, and each case is prepared as if it will be tried.

Serving Pueblo from Denver

Our office is at 2701 Lawrence St., Suite 201, Denver.

How we handle your case

What We Do on a Pueblo Bad Faith File

  1. Review

    Your policy, the insurer’s letters and emails, and the claim timeline come first.

  2. Match facts to law

    We decide whether the case fits common-law bad faith, the statutory claim under 10-3-1116 or both.

  3. Demand

    A formal written demand goes to the insurer.

  4. Proof

    We collect claims-file materials and documentation, adding outside expert input where it helps.

  5. Suit

    If the claim doesn’t resolve, we file where the case belongs, which may be the district court for Pueblo County, at the Pueblo Combined Court, depending on your facts.

  6. Recovery

    We pursue the underlying benefit, statutory damages, and attorney fees where applicable.

Compensation

What Colorado Law Lets You Recover

Your policy, your losses, and the insurer’s handling all shape the answer. Talk of amounts starts after we’ve read your file.

Statute

Under 10-3-1116(1), a first-party claimant whose claim was unreasonably delayed or denied may sue in district court for “reasonable attorney fees and court costs and two times the covered benefit.” Per the jury instruction notes, the insurer can’t reduce that award by pointing to an unreasonably delayed benefit it paid before judgment.

Common law

The damages instruction for common-law bad faith lets the jury award:

  • Financial losses to date, and those likely to come
  • Losses that aren’t financial, including injuries
  • Physical impairment or disfigurement, when proven

Punitive damages. Some cases support them. Proof of bad faith, the instruction notes say, “does not alone establish a claim for punitive damages.”

Insurer defenses

Arguments Insurers Make in Pueblo Cases

  1. “The claim was debatable”

    Colorado permits an insurer to contest a fairly debatable claim even when its denial later turns out to be mistaken. The instructions say that fact weighs against bad faith but, without more, “is not outcome-determinative.” A claim can’t be fairly debatable if the company had no reasonable basis to deny it.

  2. “We acted on what we had”

    Courts evaluate an insurer’s decision based on the information it had at the time. The jury instructions cite Schultz v. GEICO Casualty Co. on that point, which makes the claim file’s dates important.

  3. “We’re waiting on our own inspector”

    When the inspection happened weeks ago and no decision has followed, the timeline can become evidence. Conduct that Colorado’s insurance code prohibits may also be considered as evidence of unreasonable delay or denial, according to the jury instruction notes (10-3-1113).

  4. “Your documentation was incomplete”

    Keep copies of every page you send, with the date it went out. If you sent what was asked and the requests kept coming, the record of your submissions can help tell that story.

5-star rated on Google

I wish I could leave more than 5 stars!

Grace Macaluso, 5-star Google review
Deadlines and next steps

Deadlines That Apply in Pueblo

Common-law bad faith counts as a tort in the jury instructions. Under 13-80-102, the claim has to be filed within two years, measured from the point when you knew about both the harm and its cause, or reasonably should have.

A different case governs the statutory side. In Rooftop Restoration, the state’s highest court held that the one-year penalty statute of limitations, 13-80-103(1)(d), doesn’t apply to an action under 10-3-1116(1). Have a lawyer confirm your deadline, because the start date can be disputed.

With underinsured motorist coverage, a bad faith claim for nonpayment can’t accrue until you’ve obtained a judgment against, or settled with, the underinsured driver. Our Pueblo uninsured motorist lawyer page explains that coverage in more detail.

Questions

Frequently Asked Questions

How do I know if I have a bad faith insurance claim in Colorado?

You may have a statutory bad faith insurance claim in Colorado if your own insurer delayed or denied benefits it owed you without a reasonable basis (10-3-1115). The common-law route adds proof of the company’s state of mind: that it knew it was acting unreasonably, or recklessly disregarded that. Reading the claim file is how we find out which applies.

My health insurer denied treatment. Does the statute help?

Potentially. A health claim is a first-party claim for benefits, and 10-3-1116(2) strikes down any clause in a health or disability policy issued in Colorado that would let the insurer reserve discretion over how the terms are read or who qualifies. Under a policy issued in Colorado, once you’ve exhausted administrative remedies, you’re entitled to de novo review and a jury trial in court (10-3-1116(3)).

Does the bad faith statute cover every kind of insurance?

No. Among the policies it excludes are workers’ compensation, title insurance and life insurance (10-3-1115(5), (6)). Other first-party claims for benefits, such as homeowners, auto and health claims, can fall within it.

Can a business owner bring a bad faith claim?

A business that holds its own policy is claiming benefits under that policy, which is what the statute protects. Whether a business interruption denial was unreasonable depends on the policy terms and the insurer’s basis for its decision.

Can I bring a bad faith claim against the other driver’s insurer?

Generally, no. The statute leaves out anyone asserting a claim against an insured under a liability policy, so it protects you in dealings with your own insurer. If the other driver had too little coverage, your own uninsured or underinsured motorist coverage is where a bad faith question can arise.

My insurer paid, but only after a long delay. Do I still have a case?

Possibly. The jury instruction notes say an unreasonably delayed benefit paid before judgment can’t be used to reduce the statutory two-times award. Whether the delay was unreasonable depends on the insurer’s basis for it.

Where would a Pueblo bad faith lawsuit be heard?

That depends on the facts, such as where the insurer does business and where you live. One possibility for a Pueblo policyholder is the district court for Pueblo County, at the Pueblo Combined Court.

Do you have an office in Pueblo?

No. Our office is in Denver, at 2701 Lawrence St., Suite 201, and Pueblo clients work with us from there. Call (303) 209-9395.

It's More Than Money.

Speak With a Pueblo Bad Faith Insurance Attorney

If your insurer’s explanation doesn’t add up, a bad faith insurance attorney can go through it with you. Call (303) 209-9395, or tell us what happened through our contact page.

Our Pueblo personal injury lawyers handle other injury claims too.

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.