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We had a disconnected pipe flood the main floor of our condo. We immediately opened a claim with our insurance and had a mitigation company come in to clean up the water. Now our insurance company says that the mitigation company charged too much and they are only paying about 25% of that bill, leaving us to pay the rest, which is sizable. We don’t know what recourse we have.
Jul 23, 2024
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Unfortunately this situation is all to common. The good news is that you have legal rights against your insurance company. Colorado bad faith law allows policyholders to recover not only the amount of benefits wrongly withheld or denied but also double their damages and get reimbursed for attorney fees and other costs.

When an insurance company attempts to renege on its obligations - including underpaying claims - it acts in bad faith. This means that if your insurer unreasonably denies your claim, delays investigating or processing your claim, or refuses to defend and indemnify you against claims by others, they could be violating Colorado law. The key word is "unreasonably." Insurers have a responsibility to verify the legitimacy of policyholder claims promptly.

To establish a bad faith claim, you must prove that the insurer’s actions were unreasonable. Documenting every step of the claims process, keeping logs of all interactions, and retaining written denials.

For a complete guide, please see our article "Understanding Insurance Bad Faith: A Comprehensive Guide for Colorado Policyholders" and call us when you are ready to speak with one of our insurance bad faith attorneys at (303) 688-0944.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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