Firm-Wide blog

Have You Suffered Losses From a Colorado Forest Fire?

By Burg Simpson
June 3, 2021
4 min read

If you have suffered from significant losses due to a Colorado forest fire and your insurance company does not intend to pay what is owed under the terms of the policy, Burg Simpson shareholder Tom Henderson can help. Tom is a bad faith insurance attorney with the firm’s Commercial Litigation Department. He focuses his practice on representing policyholders in suing insurance companies and getting the insurance company to pay what the insurance policy promises to pay. Tom has represented dozens of individuals and families who have suffered from tremendous losses due to the extensive forest fires. Click the link below to listen to Tom Henderson’s podcast:

Listen to the Burg Simpson Legal Podcast here.

If You Have Suffered Losses Due to a Forest Fire

Following a fire, your insurance adjuster should take the time to meet with you and walk you through all the different buckets of coverage available to you per your policy. Colorado law requires that your insurance company work with you to pay the following:

  1. The insurance company must pay you what is owed to have your home rebuilt.
  2. The insurance company must provide you with the coverage necessary to replace your personal property.
  3. And the insurance company must reimburse you for your expenses to acquire temporary housing until your home has been restored.

Gathering the Necessary Documentation

‘To expedite the process and ensure that the insurance company has the necessary documentation to process your claim, you should:

  1. Obtain bids from local residential building contractors who can provide you with estimates regarding the costs required to rebuild your home.
  2. Supply your insurance company with a comprehensive list of your personal property.
  3. Provide documentation regarding the costs of temporary housing.
  4. Present your insurance company with these estimates of the costs and expenses associated with your claim.
  • Please note that it is not unusual for building costs to increase following a natural disaster such as a forest fire.  Insurance companies must take escalating costs into account when calculating the costs of replacement.

Working with an Attorney to Settle Your Claim 

When the insurance company is considering a claim, the company may ask you to settle for an amount that is much lower than the amount you actually deserve. If this happens, it is important to know that you are not required to accept their lowball settlement offer. Working with insurance companies following the filing of a claim can be frustrating and confusing. If your insurance company is not paying your claim or delaying the payment of your claim, this is when it becomes especially important to retain an attorney to represent your best interests. Having an experienced attorney on your side who focuses their practice on bad faith litigation is a wise decision when dealing with the significant losses associated with a forest fire.

If You are Considering Bad Faith Litigation

  • Your insurance company owes you the duty of good faith and fair dealing.
  • If the company fails to live up to that duty, the company can be sued for what is called bad faith.
  • Colorado law requires that insurance companies pay what is owed in a timely manner.
  • If they fail to do so, without a reasonable basis, your insurance company can be liable to pay not only the benefit the policy requires but also:
    • Two times the unpaid or slow-paid benefit that is owed to you.
    • The payment of attorney’s fees and costs.

As a bad faith insurance attorney, 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. He has represented dozens of individuals and families who have suffered from tremendous losses due to forest fires.

Call Burg Simpson for Help Now

If you or someone you know has experienced losses due to a forest fire, and the insurance company has not yet paid everything they owe per the terms of the policy, it is important to have an experienced and knowledgeable advocate on your side.

If you or someone you know is suffering from the devastating aftermath of a fire, call Burg Simpson now. You can reach Tom Henderson at (303) 792-5595.



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