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 as a former insurance industry insider 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 - 2021

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

AVVO®, Highest Distinction of Superb 10.0 Attorney Rating

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

American Association for Justice (AAJ)
Co-Colorado State Chair of the COVID Business Interruption Litigation Task Force

Denver Bar Association

Arapahoe County Bar Association, President-Elect and 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

President-Elect and Board Member, Arapahoe County Bar Association

Co-Colorado State Chair of the COVID Business Interruption Litigation Task Force, American Association for Justice (AAJ)

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

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

 April 8, 2021

Civil Litigation Cases During COVID-19

What Will a Civil Jury Trial Look Like When We Reemerge From COVID-19? The coronavirus pandemic has presented a challenge for our legal system over the past year and keeping Americans safe has been the primary concern for the nation. The closing of our courtrooms during the pandemic has affected thousands of people whose court proceedings… Read more »

 April 6, 2021

April 2021 E-News

Shareholder Stephen J. Burg 5280 Magazine’s “Face of Personal Injury Litigation” Stephen J. Burg is a shareholder and trial attorney with Burg Simpson Eldredge Hersh & Jardine. As the Practice Group Leader of the Personal Injury Department, Stephen is focused on representing victims of automobile and motorcycle crashes, trucking accidents, product liability injuries, gas explosions, and harmful… Read more »

 April 2, 2021

Shareholder Tom Henderson: A Good Lawyer. Changing Lives

Tom Henderson is the President of the Arapahoe County Bar Association Burg Simpson Shareholder Tom Henderson is the Chair of the Bad Faith Insurance Division of the firm’s Commercial Litigation Department and the President of the Arapahoe County Bar Association (ACBA). As the leader of the ACBA, Tom Henderson is seeking to expand access to Arapahoe County’s… Read more »

 April 1, 2021

Shareholder David P. Hersh Continues to Advocate For Attorney Well-Being

The Colorado Lawyer Publishes David P. Hersh’s Recent Article on Attorney Well-Being Burg Simpson shareholder David P Hersh was appointed by Associate Justice Monica Marquez to serve on the Colorado Supreme Court Task Force on Lawyer Well-being in 2018. Among other significant findings, the Task Force, which is chaired by Justice Marquez, found that too… Read more »

Denver, CO – Auto Wreck with Injuries on I-70 Blocks Highway

 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

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 is something you can do about it,… Read more »

 June 16, 2020

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 need. As an attorney with Burg Simpson, I was proud to… Read more »

Denver, CO – Motorcycle Crash with Serious Injuries Reported at Kittredge St & Green Valley Ranch Blvd

 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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