Meet our Attorneys

Thomas W. Henderson

Shareholder

Attorney Thomas Henderson hero image
Super Lawyers 2019

Tom Henderson focuses his practice on representing policyholders in suing insurance companies for bad faith and getting insurance companies to pay what the insurance policy promises to pay. Tom spent the first 20 years of his practice representing the insurance companies, answering their questions about whether the policy provided coverage for various claims, and even defending them when they were sued. He has spent the past 12+ years of his practice exclusively representing business insurance policyholders pursuing claims for insurance benefits owed by the insurance industry.

Tom uses his unusual background to his clients’ advantage because he knows where the weak spots are, where the smoking guns are hidden and how best to structure his clients’ cases to maximize the potential of getting the insurance companies to pay. Tom represents both individual consumers and businesses in their pursuit of insurance claims. For consumers, this includes auto, uninsured and underinsured motorists, homeowners, renters, liability, property, health, disability, and life insurance claims. For businesses, this includes auto, liability, property, lost profits, directors and officers, professional liability, and construction insurance claims. These claims can range from a few thousand dollars to millions of dollars.

Tom has been selected by his peers for inclusion in The Best Lawyers in America© in 2013-2020 in the field of Insurance Law. Tom has also been recognized as a People’s Choice Best Insurance Lawyer. and has been selected to Super Lawyers® every year since 2014. In 2019 and 2020, Tom was selected as a Colorado Top Lawyer in insurance by 5280 Magazine.

Tom has achieved great success in getting insurance companies to pay money on claims that had previously been denied, and in getting insurance companies to pay much more money than they previously offered. Tom has won many jury verdicts for his clients in insurance bad faith cases, including obtaining verdicts that included punitive damages. He is the Chair of the Bad-Faith Insurance division of the firm’s Commercial Litigation Department and in April of 2020, was named as the Co-Chair of the Colorado Trial Lawyer Association’s newly created Business Interruption Task Force. The Task Force is developing strategies for pursuing business interruption insurance claims in the aftermath of the COVID-19 pandemic.

Mr. Henderson’s reputation as the premier insurance attorney in Colorado has made him a sought-after expert by the media. He is frequently contacted for comment by local and national news regarding insurance issues, Tom has been interviewed by the Los Angeles Times, Fox News, the Denver Post, Law Week Colorado, and the Denver Channel 7-TV News. He was also interviewed by the Jewish Journal about his practice on representing policyholders in suing insurance companies for bad faith and getting insurance companies to pay what the insurance policy promises to pay.

Tom has negotiated agreements between policyholders and injured persons, known in Colorado as Bashor or Nunn Agreements. These agreements allow policyholders who caused injury to another, but whose insurance company has not honored its obligation to defend or financially protect the policyholder, to escape the potential of financial ruin in return for assigning their rights to go after their own insurance company.

Tom was admitted to practice in Colorado in October of 1987. He is a member of the Colorado Trial Lawyers Association, the Bad Faith sub-committee of the Colorado Trial Lawyers Association, the American Association for Justice, the American Bar Association, and the Denver and Arapahoe County Bar Associations. Tom is the Chair of the Bad Faith Insurance Division of the firm’s Commercial Litigation Department, the co-chair of the CTLA COVID-19 Insurance Response Task Force, the co-Colorado State Chair of AAJ’s COVID Business Interruption Litigation Task Force, and the newly elected President of the Arapahoe County Bar Association. Mr. Henderson was recently invited to participate in a panel discussion at the Colorado Bar Association regarding Insurance Issues Related to the COVID-19 pandemic.  Tom is frequently asked to comment on insurance issues in local and national media, and lectures on insurance bad faith and insurance coverage to groups of policyholders.

After graduating in 1983 with a Bachelor of Arts Degree in History from Whitman College in Walla Walla, Washington, Tom obtained his Juris Doctor Degree from the University of Denver Sturm College of Law in 1987. When not practicing law, Tom enjoys spending time with his wife and two sons by going skiing, camping, climbing Colorado’s 14ers, and playing volleyball and golf. Tom also assists in teaching a law class at Arapahoe High School by helping the students present a mock trial twice during each school year.

Martindale-Hubbell DistinguishedSM Rating

Selected to Best Lawyers® in America, 2013-2021

Selected to Colorado Super Lawyers®, 2014 - 2020

5280 Magazine Top Lawyer, 2017 and 2019-2020 - Insurance

Barrister’s Best People’s Choice, Best Insurance Lawyer, 2013 - Law Week Colorado

American Jurisprudence Award in Criminal Procedure

Phi Alpha Delta

Member, Litigation Section, Colorado Bar Association

Colorado, 1987

U.S. District Court, District of Colorado, 1988

U.S. Supreme Court

J.D., 1987, The University of Denver Sturm College of Law

B.A., 1983, Whitman College

The Rocky Mountain Children's Law Center - Board of Directors

Colorado Bar Association

Colorado Trial Lawyers Association (CTLA)
Co-Chair of the Colorado Trial Lawyer Association’s Business Interruption Task Force

Co-Colorado State Chair of AAJ’s COVID Business Interruption Litigation Task Force.

American Association for Justice (AAJ)

Denver Bar Association

Arapahoe County Bar Association - President-Elect & Board Member

Access to Justice Committee Co-Chair for 18th Judicial District

"Business Interruption Insurance for COVID-19 –Related and Riot – Related Claims," Law Week Colorado, June 16, 2020

Durango 416 Fire - Interviewed by the Los Angeles Times, July 2019

Co-Author: “Cannibalizing Limits Policies: Bad Faith Lurks When Defense Costs Devour the Policy Limit” – American Association for Justice: Insurance Law Newsletter, Winter 2015

Instructor: Seminar with Altitude Law Group regarding bad faith insurance. February, 2020

Instructor: Lunch and Learns, "Know Your Insurance Rights." - For Property Management Groups. February, 2020

Instructor: "Nuts and Bolts of Depositions" - Arapahoe County Bar Association

Instructor: "Bad Faith Litigation from Start to Finish" - National Business Institute

Instructor: "Is it Bad Faith?" - National Business Institute

Instructor: "Advising Your Business Clients on Insurance Policies" - National Business Institute

 July 1, 2020

BURG SIMPSON FEATURES: Shareholder Scott J. Eldredge

Attorney Scott J. Eldredge is a named shareholder, a skilled trial lawyer, and the practice group leader of the firm’s medical malpractice department. He has been practicing continuously with the firm since his admission to the Colorado Bar in 1982. Mr. Eldredge’s thriving practice focuses primarily on complex medical malpractice cases with a particular emphasis… Read more »

 June 30, 2020

Trial Work in the Time of the COVID-19 Pandemic

Burg Simpson Eldredge Hersh & Jardine trial lawyers handle litigation cases all across the United States, in both State and Federal Courts.  The COVID-19 pandemic has not only radically changed all of our daily lives, but it has also affected the U.S. justice system and the way lawyers manage their cases. The trial lawyers at… Read more »

 June 29, 2020

Cincy Lifestyles in Cincinnati Interviews David Harman

Burg Simpson Shareholder David C. Harman was interviewed by Allie Martin of Cincy Lifestyles about personal injury practice in Cincinnati, Ohio. Mr. Harman discusses why he became an attorney. His focus is to help people and he has committed his legal practice in personal injury and mass tort law to fighting for his client’s legal… Read more »

 June 26, 2020

BURG SIMPSON FEATURES: Shareholder Nick Fogel, Practice Group Leader for the Workers’ Compensation Team

BURG SIMPSON FEATURES: Shareholder Nick Fogel (Nick Fogel is pictured at left with his team members Shareholder Stephan J. Marsh, and Trial Lawyer John Connell.) Nick Fogel is a shareholder and the practice group leader of Burg Simpson’s Workers’ Compensation Department. His practice is devoted to those who have been injured while working on the job… Read more »

Greeley, CO – Two Workers Killed in Work Accident on 1st Ave

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

Shareholder David TeSelle Discusses Qui Tam Lawsuits David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great… Read more »

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

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