The courthouse
Boulder County belongs to the 20th Judicial District, and the Boulder County Combined Court is at 1777 6th St., Boulder, CO 80302.
IT'S MORE THAN MONEY.
Superior Bad Faith Insurance Lawyers for Claims That Deserved a Real Answer
If your insurer keeps you waiting, says no without a solid reason or pays a fraction of the loss, call (303) 209-9395 and walk us through it.
No fee unless we win
Or speak with us now
(303) 209-9395
Superior, Boulder County
Why policyholders call us
CGH Injury Lawyers represents Superior 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
You’ve done your part: you paid the premium, reported the loss, and answered the adjuster’s questions. When the insurer still won’t pay what the policy promises, a Superior bad faith insurance lawyer can review the entire claim and measure it against Colorado law.
CGH Injury Lawyers, which practiced as Cheney Galluzzi & Howard before taking its current name, opened in Denver in 2016. To talk about your claim, dial (303) 209-9395 or write to us from the contact page.
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
- Situations that bring Superior residents to a bad-faith lawyer
- A side-by-side look at Colorado’s statutory and common-law claims
- Court, sheriff, and hospital records connected to a Superior claim
- How we build a case and the remedies the law allows
- Insurer defenses, filing deadlines, and common questions
Key Takeaways
- The law expects fair dealing. Colorado’s civil jury instructions treat good faith and fair dealing as a duty every insurer owes the people it covers.
- “Reasonable basis” is the test. Under C.R.S. 10-3-1115(2), holding up or refusing a claim without a reasonable basis for doing so is unreasonable.
- The statute has its remedy. A claimant who wins under C.R.S. 10-3-1116(1) can seek twice the covered benefit, with reasonable attorney fees and court costs.
- Two kinds of claims can stack. A statutory claim and a common-law claim are separate, and the same facts can support both.
- Your deadline needs checking. The common-law claim generally has a two-year limit tied to when you discovered, or should have discovered, the harm and its cause.
Where Superior Claims Break Down
Picture a house fire claim where the insurer pays for framing and drywall but balks at everything inside the walls. Or a car taken from your driveway, with the insurer questioning the theft report for months.
A business interruption claim paid for a few weeks and then cut off is another example, as are disability benefits that suddenly stop.
Under the statute, each of these can be a legitimate dispute or a claim handled without a reasonable basis. The file tells us which.
Warning signs we look for in a claim file include:
- A denial that doesn’t cite the policy language it depends on
- A settlement offer with no breakdown of how it was calculated
- Repeated requests for the same records after you’ve provided them
- Long stretches with no decision and no new questions
Common law vs. statute
Statutory and Common-Law Claims, Side by Side
The jury instructions treat the statutory action as a claim that sits “in addition to and separate from” the common-law one.
| Statutory claim | Common-law claim | |
|---|---|---|
| Found in | C.R.S. 10-3-1115 and 10-3-1116 | Travelers Insurance Co. v. Savio, Colorado Supreme Court, 1985 |
| Core proof | No reasonable basis for the delay or denial | Unreasonable conduct, plus knowing it was unreasonable or recklessly disregarding that |
| Difficulty | Lower, since only unreasonable conduct is required | Higher, because of the knowledge element |
| Remedy | Twice the covered benefit, reasonable attorney fees and court costs | Damages caused by how the insurer acted |
What Savio requires
Savio described the standard as having “two elements”: conduct that was unreasonable and knowledge of that, or reckless disregard for it. The jury instructions contrast this standard with the statutory claim, which asks only whether the conduct was unreasonable. Our Colorado bad faith insurance lawyer page walks through each claim in detail.
What the statute requires
The statute bars an insurer from unreasonably delaying or denying payment of benefits owed to a first-party claimant (C.R.S. 10-3-1115(1)(a)). A first-party claimant is a person or business asserting a right to benefits owed under an insurance policy.
The definition leaves out anyone asserting a claim against an insured under a liability policy. For a crash, that generally means your claim against the other driver’s insurer isn’t covered, while your own uninsured or underinsured motorist coverage can be. After a crash, the claim against the driver who hit you is a separate matter, and our Superior car accident lawyer page covers it.
Local Knowledge
Superior’s Courthouse, Sheriff and Hospital Records
Superior is listed among the towns in Boulder County’s list of incorporated municipalities. Where you’d file against an insurer depends on the facts, such as where the company does business and where you live.
Law enforcement reports
The Town of Superior’s law enforcement page explains that deputies of the Boulder County Sheriff’s Office serve Superior residents around the clock. For a theft, vandalism, or crash claim, the Sheriff’s Office report is a record worth requesting early. Keep the report number with your claim papers.
Hospital records
The state’s designated trauma facility list shows that there is no trauma facility in Superior. It lists AdventHealth Avista, at 100 Health Park Drive in Louisville, as Level III. When an insurer disputes a medical bill, emergency and hospital records can help show the care was needed.
Ask for itemized bills along with the records, so each charge can be matched to the treatment behind it.
What to gather now
- The full policy, including the declarations page and endorsements
- Every letter, email, and text from the insurer or adjuster
- Photos, repair bids, receipts, and any report number
- A dated list of your calls and who you spoke with
Why CGH
What CGH Injury Lawyers Brings to a Superior Claim
Cases built for trial
The firm prepares each case as if it will be tried.
A trial advocates’ organization
Kevin Cheney, our Managing Partner, is an ABOTA member (American Board of Trial Advocates).
An established Denver office
The firm has been in Denver since 2016, and our office is at 2701 Lawrence St., Suite 201.
Help in Spanish
Spanish speakers can reach us at (303) 835-9177.
How we handle your case
The Steps in a Superior Bad Faith Case
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We review coverage and correspondence
Your policy, every letter, and the claim timeline come first.
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We decide which claim fits
The facts may point to the common-law claim, the statutory claim, or both.
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We make a formal demand
The insurer receives a written demand setting out the problem.
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We develop the evidence
That means claims-file materials, your documentation, and, where it helps, outside expert input.
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We file in the proper court
For a Superior resident that might be the district court for Boulder County, at the Boulder County Combined Court, once we’ve confirmed the venue for your facts.
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We seek the remedies that apply
That can include the benefit you were owed, statutory damages, and attorney fees.
Compensation
Recovery Under Colorado Law
Your policy, your losses, and the claim’s history set the value, and we go over the file before putting any figure on it.
The statutory remedy
Under C.R.S. 10-3-1116(1), a first-party claimant whose claim was unreasonably delayed or denied can sue in district court to recover “reasonable attorney fees and court costs and two times the covered benefit.” If the insurer pays an unreasonably delayed benefit before judgment, the jury instructions say the two-times award isn’t reduced by that payment.
Common-law damages
Colorado’s common-law bad faith instruction lets a jury consider:
- Economic losses, now and likely in the future
- Noneconomic losses or injuries
- Physical impairment or disfigurement, when proven
Punitive damages. These are available in some cases, but the jury instruction notes make clear that proof of bad faith alone doesn’t establish a punitive damages claim.
Insurer defenses
How Insurers Defend These Claims
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“Coverage was genuinely in dispute”
Colorado lets an insurer contest a claim that is fairly debatable, even if its denial later turns out to be mistaken. That fact weighs against bad faith but isn’t, without more, “necessarily sufficient to defeat a bad faith claim as a matter of law,” according to the jury instructions. And a claim the insurer had no reasonable basis to deny isn’t fairly debatable at all.
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“We found new reasons after we denied it”
The decision is judged on what the insurer knew when it made it. The jury instructions point to Schultz v. GEICO Casualty Co. on that rule.
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“You didn’t send what we asked for”
Your dated log of every document you sent can help show what the insurer received. We match it against the insurer’s requests line by line.
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“The adjuster is still working on it”
We look at what the insurer did during that time, and whether it had a reasonable basis to keep the claim open.
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Deadlines and next steps
Deadlines That Apply
For common-law bad faith, 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, the injury and its cause.
The statutory claim is treated differently. Rooftop Restoration, Inc. v. American Family Mutual Insurance Co. held that the one-year limit in C.R.S. 13-80-103(1)(d) doesn’t apply to a 10-3-1116(1) claim. Ask a lawyer to confirm your specific deadline, because fixing the date your clock started can take real work.
If you aren’t sure how much time is left, call before the date you think applies.
If your claim involves underinsured motorist benefits, the jury instructions explain that a bad faith claim for nonpayment can’t accrue until you’ve obtained a judgment against, or settled with, the underinsured driver. A Superior uninsured motorist lawyer can help you work out what has to happen first.
Questions
Frequently Asked Questions
How do I know if I have a bad faith insurance claim in Colorado?
A bad faith insurance claim in Colorado starts with your own insurer delaying or denying benefits you’re owed. The statute asks whether it had a reasonable basis for that, and the common law adds whether it knew it was acting unreasonably or recklessly ignored that.
Does it matter that the insurer eventually paid part of my claim?
It can. For the statutory claim, the jury instructions say an unreasonably delayed benefit the insurer paid before judgment can’t be used to reduce the statutory two-times award.
Does the statute cover my employer’s workers’ compensation carrier?
No. C.R.S. 10-3-1115 doesn’t apply to workers’ compensation insurance, and it also excludes title and life insurance.
Can my disability insurer rely on a clause giving it discretion over eligibility?
Not in a policy issued in Colorado. A health or disability policy issued in Colorado can’t include a provision reserving that discretion to the insurer, and a provision like that is void (C.R.S. 10-3-1116(2)).
Where would a Superior bad faith case be filed?
It depends on the facts, including where the insurer does business and where you live. One possibility is the district court for Boulder County, at the Boulder County Combined Court in Boulder, and we confirm the right court first.
Who handles police reports for a theft or crash in Superior?
The Town of Superior says the Boulder County Sheriff’s Office provides its law enforcement, with deputies serving Superior residents 24 hours a day. A report from that office can help show what happened in a theft or crash claim.
Can I bring the statutory claim and the common-law claim together?
Yes, where the facts support both. The statutory action is in addition to, and doesn’t limit, other actions available by statute or common law (C.R.S. 10-3-1116(4)). The common-law claim needs more proof, because it adds the question of what the insurer knew.
Is CGH Injury Lawyers located in Superior?
No. Superior clients work with us from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. Call (303) 209-9395.
Keep Reading
Related pages
It's More Than Money.
Speak With a Superior Bad Faith Insurance Attorney
When a claim has stalled or been refused, a bad faith insurance attorney can read the file with you and explain your options. Call (303) 209-9395, or describe what happened on our contact page.
For anything beyond an insurance dispute, start with our Superior 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.