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Colorado Court of Appeals Finds Insurance Company Conduct “Unreasonable”

By Tom Henderson

Today, the Colorado Court of Appeals issued a decision in favor of a policyholder and against an insurance company that delayed payment of benefits owed. After the policyholder and insurance company disagreed on how much was owed under the policy for hail damage to the roofs at a townhome complex, they used the appraisal process… Read more »

Uninsured/Underinsured Motorist policy exhaustion clause held void and unenforceable by Colorado Court of Appeals

By Tom Henderson

In a very important decision on May 21, 2015 by the Colorado Court of Appeals, the court decided that exhaustion clauses in uninsured/underinsured motorist policies are void and unenforceable under Colorado law. Most all auto policies in Colorado that provide underinsured motorist coverage include a clause stating that an insured cannot make a claim for… Read more »

Insurance Bad Faith

Bad Faith Insurance Litigation Lingers in Wake of Waldo Canyon Fire

By Tom Henderson

While the Waldo Canyon forest fire occurred almost two and a half years ago, the harrowing inferno has receded little in the memories of those affected by it. The massive fire started four miles away from Colorado Springs and raged on for over two weeks before officials finally declared that it had been contained. Covering… Read more »


Replacement Cost Insurance: Burg Simpson Files Class Action Complaint

By Burg Simpson

Burg Simpson has filed a class action lawsuit against the State Auto Insurance Companies regarding their Homeowners Replacement Cost Coverage. The lawsuit alleges that the insurance companies have found a new tactic to increase their profits. They are requiring Homeowners to purchase Replacement Cost Coverage at values dramatically higher than the market price of the… Read more »

courtroom scale

Insurer’s Over-Reaching Use of Pollution Exclusion Allowed by Colorado Supreme Court

By Tom Henderson

The Colorado Supreme Court last month agreed with an insurance company’s argument that the pollution exclusion in a liability policy applied to cooking grease. Two sewer workers were badly hurt when they were overcome by toxic fumes that resulted from sewer water that was clogged by cooking grease that had been dumped into the sewer… Read more »

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