Homeowner's & Property Insurance Recovery in Colorado

With the erratic weather of Colorado, many people find themselves in the position of seeking compensation for property damage under a property insurance policy. Here in Colorado, it is likely that your property insurance or homeowner's insurance will be come into play for certain environmental events such as:

• Water damage/flooding within the home resulting from torrential rainfall;
• Home destruction resulting from tornadoes;
• Home destruction resulting from wildfires;
• Erosion causing destruction to the home foundation;
• Home damage due to hail.

Unfortunately, your insurance company whom you paid a premium to is unlikely to willingly and fully cover your losses. At Volpe Law, our attorneys are here to provide support when needed and strong representation. Contact us online or call 720-441-3328 to request a Free 15 Minute Consultation. 

Homeowner's Rights in Colorado

As a homeowner in Colorado, you have certain rights and protections afforded by state statute pertaining to seeking coverage under an applicable homeowner's insurance policy. 

• The insurer must consider an estimate from a licensed contractor or licensed architect submitted by you (the policyholder) as the basis for establishing the replacement cost of a home.[1]
• Every homeowner's insurance carrier must make available to you (the policyholder) an electronic or paper copy of your insurance policy, including the declaration page and any endorsements, within three business days after a request from the policyholder. You get to determine the method of delivery. Every homeowner's insurance carrier must make available to you a certified copy of your insurance policy within thirty days after a request from you.[2]
• If you have experienced a “total loss” of the contents of your primary residence that was furnished at the time of the total loss, your homeowner's insurance carrier must offer you a minimum of thirty percent of the value of the contents coverage reflected in your declaration page. You are not required, at this stage, to submit a written inventory of the contents.[3]
• However, in order to receive up to the full value of the contents coverage, you are allowed to accept the thirty percent offer and subsequently submit a written inventory as required by your insurer.
• If you end up getting paid less than what your property was worth (due to the insurance carrier “depreciating” its value), your insurer is required to make available to you the methodology used for determining the depreciated value of the insured items. [4]
• Your insurer is required to allow you at least 365 days (1 year) after you have filed a “total loss” claim to submit an inventory of lost or damaged property.[5]
• If you experience a “total loss” of the contents of your occupied residence that was documented with the insurer as being furnished at the time of loss as a result of a wildfire, your insurer is required to offer you a minimum of 65 percent of the limit of the contents coverage indicated in the declaration page of the policy without requiring you to submit a written inventory of the contents.[6]
• Your insurer must also notify you that additional money may be available to you if you submit an inventory.[7]
• Every insurer in the state of Colorado is required to have a summary disclosure form on file for public inspection that contains a simple explanation of the major coverages and exclusions of such policies of insurance together with a recitation of general factors considered in cancellation, nonrenewal, and increase in premium situations. [8]
• Any insurer who violates this requirement shall be deemed to have engaged in unfair or deceptive acts or practices prohibited by §10-3-1104(1)(a)(I) and shall be subject to penalties.[9]

Homeowner's Right to Choose a Repair Business in Colorado

Colorado homeowners have the right to choose a repair business in the course of repairing property claimed as a loss under their applicable homeowner's policy. In passing the statute, the Colorado general assembly declared that “competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest-quality commodities and services, and the best environment for democratic and social institutions.”[10]

Under C.R.S. §10-4-120, an insurer that issues or renews a policy that insures real or personal property shall not:

• Directly or indirectly require that appraisals or repairs to the property be made or not be made by a specified repair business;
• Represent to a beneficiary or claimant who is making a claim under a policy that the use of, or the failure to use, a particular repair business may result in the nonpayment or delayed payment of a claim;
• Intimidate, coerce, threaten, or induce by incentive a beneficiary or claimant to use a particular repair business for repairs; except that an inducement by incentive does not include warranty or guaranty repairs;
• Use disincentives to discourage beneficiary or claimant from using a particular repair business;
• Solicit or accept a referral fee or compensation in exchange for referring the beneficiary or claimant to a repair facility;
• Require the beneficiary or claimant to travel an unreasonable distance to choose a repair facility;
• Misinform a beneficiary or claimant to induce the use of a particular repair business; or
• In the settlement of a liability claim by a third party against a beneficiary or claimant for property damage claimed by the third party, require the third party to have repairs done by a particular repair business.[11]

Contact a Colorado Property Insurance Attorney Today

At Volpe Law, we are dedicated to making sure you recover all that you deserve from insurance companies. If you believe that you are being treated unfairly, or that any of your legal rights have been violated, call us at 720-441-3328, or fill out our contact form to schedule a Free 15 Minute Consultation.

[1] C.R.S. §10-4-110.8(8).

[2] C.R.S. §10-4-110.8(10).

[3] C.R.S. §10-4-110.8(11)(a).

[4] C.R.S. §10-4-110.8(11)(b).

[5] C.R.S. §10-4-110.8(11)(c)(I).

[6] C.R.S. §10-4-110.8(14)(a).

[7] C.R.S. §10-4-110.8(14)(b)(II).

[8] C.R.S. §10-4-111(1).

[9] C.R.S. §10-4-111(4).

[10] C.R.S. §10-4-120(1)(a).

[11] C.R.S. §§10-4-120(2)(a)-(i).

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.