Bad Faith Insurance Attorney

Has your insurance provider denied you coverage on a claim? Does it feel like you can never reach your adjuster when you need them? If your insurance provider isn’t honoring your insurance policy’s terms the way they should, you might be the victim of insurance bad faith practices.

Colorado requires all insurance providers to act in “good faith” when handling or making payments for legitimate policyholder claims. Unfortunately, some insurance companies are more interested in profits than in providing rightful benefits to their policyholders.

If you believe your insurance provider has not acted in good faith, you may have grounds for an insurance bad faith claim. To learn more about insurance bad faith practices, continue reading and contact The Wilhite Law Firm for a free initial consultation.

What Is Insurance Bad Faith?

When you purchase an insurance policy, you agree to make monthly premium payments. In return for collecting your premium payments, your insurance company agrees to provide coverage based on the terms of your policy. So, as a customer who faithfully pays your premium, you have a reasonable expectation that your insurance provider will honor your policy agreement when you file a claim.

Colorado Revised Statutes (CRS) §10-3-1104 explicitly requires insurers to act in good faith concerning policyholders’ claims, whether those claims arise from car accidents, healthcare needs, or any other matter an insurance policy covers. Unfortunately, this law is on the books for a reason – because insurance companies sometimes act in bad faith.

An insurance bad faith scenario occurs when an insurance company fails or refuses to pay a valid policyholder claim fully or promptly. Policyholders are often frustrated to learn the many creative methods insurance companies use to minimize or outright deny legitimate claims. Policyholders may have grounds for insurance bad faith claims against dishonest insurers when this occurs.

What Are Some Examples of Insurance Bad Faith?

There are many ways an insurance company can act in bad faith. Some common insurance bad faith tactics include:

• Intentionally paying less than the full value of a valid claim
• Unreasonably delaying determinations or payments for valid claims
• Denying valid claims with no reasonable basis for the refusal
• Refusing to provide any reason to justify the denial of a valid claim
• Presenting fabricated evidence or expert opinions to justify claim denials
• Providing policyholders with confusing or erroneous documents
• Arbitrarily altering deductible requirements or imposing waiting periods
• Refusing to respond to phone calls, emails, or other forms of communication
• Misrepresenting or distorting the meaning of the language in insurance policies
• Refusing or failing to conduct a prompt and complete evaluation of the claim
• Conducting a superficial or incomplete assessment of the claim

These are just a few examples of the ways insurance companies can act in bad faith. An insurance bad faith scenario can occur whenever an insurance company behaves in an unreasonable, deceptive, or fraudulent manner. If you suspect you may have grounds for an insurance bad faith claim, it is best to contact a knowledgeable attorney.

How Do You Prove Bad Faith in Court?

The Colorado court case Goodson v. American Standard Insurance Co. established a common-law standard for insurance bad faith lawsuits. Common law claims are those created by courts rather than by statutes. If you file a common-law action for an insurance bad faith case in Colorado, you must be able to prove that:

• Your insurance company delayed or refused payment for your claim
• A reasonable insurance company with access to the same evidence your insurer had access to would have paid for or settled your claim
• Your insurance company acted with unreasonable or reckless disregard for the validity of your claim

You also have the right to sue for bad faith breach of an insurance contract under CRS § 10-3-1116. If you sue for compensation on a statutory basis, this law states that you only need to prove that there was an “unreasonable delay or denial of benefits.” An experienced insurance bad faith attorney can help you determine the best way to pursue the compensation the insurance company owes you.

What Sort of Damages May Be Recovered in an Insurance Bad Faith Claim?

When you file an insurance bad faith lawsuit in Colorado, you are effectively seeking compensation for two categories of losses. According to your policy, the first category is the payment your insurer was required to give you. With a successful lawsuit, you may be entitled to receive up to three times this amount in compensation.

The second category is the loss you incurred due to the insurance company’s bad faith decision to minimize, delay, or deny your claim. This includes things like:

• Medical expenses you were forced to pay for out-of-pocket
• Wage losses you suffered due to your inability to work
• The intangible cost of the pain and suffering you endured
• The additional pain and suffering you endured because your condition worsened without proper medical care
• The legal costs and attorneys’ fees you incurred in pursuing the lawsuit

How Can an Insurance Bad Faith Lawyer Help Me?

If you know or suspect that you are a victim of insurance bad faith practices, the Denver attorneys of The Wilhite Law Firm are prepared to help. We can help you take action and fight for your rights by:

• Answering your questions and evaluating your case in a free strategy session
• Helping you understand how Colorado laws apply to your circumstances
• Conducting an independent investigation into the insurer’s bad faith actions
• Gathering evidence to support your case
• Communicating with insurance companies and other attorneys on your behalf
• Preparing demand letters, legal motions, and other documentation for your case
• Representing you during mediation, in hearings, and at trial, as necessary

Contact Our Colorado Bad Faith Insurance Law Offices

Contact a Denver Bad Faith Insurance Lawyer Today

The Denver injury lawyers at the Wilhite Law Firm aggressively advocate for victims of insurance bad faith practices. Contact us for a free initial case evaluation.