This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Colorado Complaint For Failure Of Insurer To pay Benefits - Jury Trial Demand
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FAQ
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.
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.
If an insurance company fails to reasonably evaluate a claim, leading to a judgment that is outside of the policy limits, this could put the insured person's personal assets at risk. In this scenario, the insured party may have grounds to file a third-party bad-faith claim against his or her own insurance provider.
This is when the insured (first party) buys insurance from the insurer to protect against claims from another (the third party). Bad faith claims in Colorado protect insurers from insurance companies and are governed by the Unfair Claims Settlement Practices Act.
Third-party bad faith cases typically fall under three categories: Failure to defend. Your insurance company has a duty to provide an adequate defense on your behalf in lawsuit. ... Failure to settle. Your provider has a duty to pay for any damages of which you are found liable in lawsuits. ... Negligent handling of the case.
Can You Sue for Bad Faith Breach of the Insurance Contract? Yes. Under Colorado bad faith law, if an insurance carrier does indeed act unreasonably, the insured may be entitled to three times the amount of damages and attorney fees and costs. The statute that allows such damages is C.R.S.