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Colorado Insurance Bad Faith Questions & Answers
1 Answer | Asked in Medical Malpractice, Insurance Bad Faith and Personal Injury for Colorado on
Q: Can a surgeon counter-sue if I lose a malpractice case, and is homeowner's insurance applicable?

I recently underwent a simple outpatient throat surgery in Colorado. Several hours afterward, I became ill and, 24 hours later, went into septic shock, requiring an emergency flight to a larger hospital. I spent a month there due to a hole in my throat near the surgical site. Despite undergoing... View More

James L. Arrasmith
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answered on Oct 28, 2025

You have every right to ask these questions before taking legal action. In Colorado, it’s very uncommon for a doctor or surgeon to counter-sue a patient after losing or winning a malpractice case, as long as the lawsuit was filed in good faith. Most counterclaims by doctors happen only if the... View More

1 Answer | Asked in Probate, Estate Planning and Insurance Bad Faith for Colorado on
Q: Stopping unauthorized distribution of estate items in CO.

How can I stop my daughter-in-law's son from giving away personal items and selling other things without filing in probate court in Colorado? My son, Mike, died in August, and Jean, his spouse, passed away on September 2. There is no record of estate planning on Mike’s side of the family.... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’re dealing with a serious problem that needs quick action to protect your late son’s and daughter-in-law’s property. In Colorado, **no one has the legal right to sell, give away, or distribute estate property** unless they have been officially appointed by the probate court... View More

1 Answer | Asked in Estate Planning, Probate and Insurance Bad Faith for Colorado on
Q: What can I do if my sister won't share insurance policy details after parents passed away in Colorado?

My parents passed away within months of each other. My dad left a life insurance policy naming my mother as the beneficiary, but she passed away as well. I am the next beneficiary in line. My sister moved my dad into her house and is not sharing any policy information with me. She does not have... View More

James L. Arrasmith
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answered on Oct 6, 2025

I’m so sorry you’re going through this — losing both parents in such a short time is incredibly hard, and dealing with family conflict on top of that makes it even more stressful. The good news is that you still have legal options to locate and claim the life insurance policy, even if your... View More

1 Answer | Asked in Child Support, Insurance Bad Faith and Family Law for Colorado on
Q: Can child support lien affect my insurance check in Colorado?

I live in Colorado and have a child support lien from Colorado, but payments are made to Iowa. I am expecting a $14,000 insurance check to replace stolen items. I had rented insurance on these items. With no previous experiences where a child support lien affected insurance payments, I wonder if... View More

James L. Arrasmith
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answered on Aug 31, 2025

In Colorado, a child support lien can attach to many forms of property or payments, but whether it applies to your insurance check depends on how the lien is enforced. Typically, child support enforcement targets wages, bank accounts, tax refunds, or property sales before going after one-time... View More

1 Answer | Asked in Car Accidents, Insurance Defense, Insurance Bad Faith and Personal Injury for Colorado on
Q: How could my mother-in-law's car accident claim affect our home/auto insurance costs?

My mother-in-law, who lives with us, was involved in a car accident that was not her fault. She received compensation from the at-fault driver's insurance. Her lawyer advised pursuing a claim with our "home/auto" insurance policy. She is claiming damages and injuries, attending... View More

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2025

A Colorado attorney could advise best, but your question remains open for over a week. It would be difficult for anyone here to guess how your carrier would handle this, but in general nationwide, it's a safe bet to assume that claims can result in increases in premiums (outside of any special... View More

1 Answer | Asked in Family Law, Probate, Contracts, Personal Injury and Insurance Bad Faith for Colorado on
Q: My sister won't honor verbal wishes for property split after mom's death. What are my rights?

My mom passed away a year ago, leaving behind a house that she intended to be sold and the proceeds split between my brother and me. My sister, who lived with her, had my mom quit claim the home to her. My mom wanted to add her to the deed, not remove herself, and expressed her wishes verbally to... View More

James L. Arrasmith
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answered on Jul 5, 2025

You have the right as an heir under Colorado intestate succession to petition the probate court to administer your mother’s estate and challenge the quitclaim deed that transferred her home to your sister. Because no valid will exists, you can ask the court to appoint a personal representative... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Colorado on
Q: Is there a Colorado law requiring zero-deductible windshield replacement policies?

I am trying to find out if there is a law in Colorado that mandates auto insurance providers to offer a zero-deductible windshield replacement policy to policyholders. Can someone provide me with guidance on whether such a requirement exists?

James L. Arrasmith
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answered on May 15, 2025

You're asking a smart question, especially given how common windshield damage is in Colorado. As of now, Colorado does **not** have a law that requires insurance companies to automatically offer a **zero-deductible** windshield replacement policy. However, some insurers do offer this option as... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Insurance Bad Faith for Colorado on
Q: Had heart surgery & got state and company disability pay, but now I’m making over 100% of my salary. What should I do?

I had open heart surgery two weeks ago. Beforehand, I was approved for FMLA and applied for my company’s short-term disability (STD) pay and my state’s STD plan (info provided by FMLA).

I uploaded the state approval/pay amount letter, but my claim manager, HR, payroll, and employee... View More

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2024

A Colorado attorney could advise best, but you await a response for a month. One option might be to try to conference all entities involved to prevent receiving identical, duplicate benefits from two separate sources. If there is a separate disability provider, maybe bringing them in together with... View More

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: How can I find a lawyer I hired to handle a case for a Zantac claim made in 2021?

I lost all my info in a fire please advise !

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

The simplest starting point could be to search for your name online in association with related lawsuits. It may or may not come up, depending on the court system and their manner of digitization of records. The next option could be to check with the clerk's offices of courts where you think... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: My insurance is requesting all bank, phone , text and social media records. Do I have to do this?

My claim was made November 27th. I was told they had 48 to respond. First attempt made on their end was December 1st which I missed the call and spoke to no one until 17 days after. They are questioning the time I made payment which was on November 24th ?? I got paid Friday I paid Friday. I am... View More

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option could be to consult with a local attorney to review the file, reports, and claim documents in detail and evaluate the relevance of information requests. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: so i went to the chiropractor that was out of network with my insurance so the chiropractor submitted a claim to them af

so i went to the chiropractor that was out of network with my insurance so the chiropractor submitted a claim to them after my visit to see if they would make an exception. my insurance sent me claim documentation and they approved to cover $78 of the total meaning i would have to pay $178 out of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2023

A Colorado attorney could advise best, but your question remains open for four weeks. Speak with the office's billing and collections personnel. Most medical offices would make adjustments where a patient paid out of pocket for charges that were submitted and partially covered. Good luck

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.

According to our declarations. We feel... View More

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2023

A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: 1 month old child had an air ambulance flight, insurance is denying the claim, can I pursue for coverage?

1 month old child experiencing breathing abnormalities and oxygen desaturation was flown from small mountain town hospital to major children's hospital for more acute care. Doctors at both hospitals gave order of medical necessity for flight, arguing other transport is not an option(3+ hr... View More

Damon Miller
Damon Miller
answered on Feb 28, 2023

First off, I hope to hear that your child is doing better after such a terrible and alarming medical scare. I can't imagine what you must have been through.

To your legal question, I think you might have a good case. A lot will depend on the language of your insurance policy and the...
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1 Answer | Asked in Personal Injury, Landlord - Tenant and Insurance Bad Faith for Colorado on
Q: Suffered total personal prop loss due to ( cause undetermined) fire mid Sept 2022 ,Entity prop owner, refuses to comp.

The Colo. Vilage collaborative, compensated others some of which had no prop loss. Yet cut ties with myself and a handful of others completely.i filed claim with their ins.provider who stated they had lapsed ,had consumer advocate entity liasion to no avail. And have been trying to get legal help... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

A Colorado attorney could advise best, but your question remains open for three weeks. I'm sorry for your property damages. At this point, you could try to set up a free initial consult with attorneys who handle property and casualty claims. If nothing else, you could learn the timelines that... View More

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: Recently an insurance company set me a letter stating that I was the beneficiary of a life insurance policy. It was the

It was the the policy I had for my now deceased husband . We got divorced -- Mar 2018. He wanted the policy back -- I didn't argue. BUT apparently he DID NOT change the beneficiary -- its still me. This ins co has been requesting a lot of stuff, and I have provided it, and they keep... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. One option is to look into a consult with a Colorado attorney who handles life insurance claims. If you have the basis for a claim, which is something that an experienced attorney could better understand after... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
View More

1 Answer | Asked in Insurance Bad Faith, DUI / DWI, Personal Injury and Car Accidents for Colorado on
Q: I was rear ended by a drunk driver. He never gave his insurance to me or police. Is it legal for me to call/ go see him?

The police report we were given has his name, phone number, address, and the information for the owner of the car (his mom.) It seems like the only way to ask him for his insurance is to call, send a letter, or go to his house. I wasn't sure if any of those options are ok to do.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 29, 2022

Especially if you are injured, but in general, accident/injury lawyers will provide you a free initial consultation and I recommend that you contact a few and take us up on it. You will obtain a better understanding of the process and perhaps get a better idea on how to proceed ----and perhaps... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Business Formation and Business Law for Colorado on
Q: If I own a vehicle and would like to rent it out for profit, can that individual use vehicle themselves for profit?

I charge someone to rent my vehicle. They then use vehicle for Ride Share App then return vehicle after 6hr.

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 31, 2022

I see that you are in West Virginia but asking about laws in Colorado. The Colorado law supports you leasing your automobile to someone who then uses it for profit. Leasing an automobile to another person or business can be done at a profit to yourself (just be sure to tell your CPA about that... View More

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: I have just filed a claim due to hail damage to my home. Can my policy be increased?

I also requested documentation of the coverage policies. The agent said he would send what documents he thought would be pertinent, and my policy was increased. Additionally, the adjustor denied certain parts of my home's siding were damaged by hail and said these areas were due to normal... View More

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2021

A Colorado attorney could answer best, but your question remains open for four weeks. I'm sorry about the damage to your home. Yes, as a general matter nationwide, premiums could increase. Insurance practices are governed by state law and they can be subject to state-specific conditions under... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Colorado on
Q: What legal grounds do we have for a case against UC Health making a clerical error that costs us money?

She is a soldier in the Army and emergencies such as these are covered by Tricare which is the health insurance provided for military members. She received a bill in the mail for her hospital visit saying that Tricare did not cover the cost because it was not coded by UC Health correctly as an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2020

A Colorado attorney, and possibly a military law attorney familiar with the operation of health benefits for members of the armed forces, could advise best here, but your question remains open for three weeks. The matter might require someone familiar with medical coding to look at the CPT and... View More

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