Colorado Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout Colorado, including the Denver and Colorado Springs areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in Colorado. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Colorado Recognize Insurance Bad Faith?

Colorado does recognize bad faith as a remedy for policyholders. As explained by the Colorado Supreme Court, “[a]lthough every contract contains an implied duty of good faith and fair dealing, insurance contracts are unlike ordinary bilateral contracts.” Nunn v. Mid-Century Ins. Co., 244 P.3d 116, 119 (Colo. 2010), as modified on denial of reh’g (Jan. 10, 2011) (internal citations omitted).

This is because “insureds enter into insurance contracts “for the financial security obtained by protecting themselves from unforeseen calamities and for peace of mind.” Id. Additionally, “insurance policies generally are not the result of negotiation due to the significant disparity in the bargaining power between the insurer and the insured.” Id.

Thus, “as a result of the ‘special nature of the insurance contract and the relationship which exists between the insurer and the insured,’ in addition to liability for regular breach of contract, an insurer’s bad faith breach of an insurance contract also gives rise to tort liability.” Id.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable Colorado Disability Insurance Cases

Rubin v. United States Life Ins. Co. in the City of New York, No. 15-CV-00384-PAB-NYW (D. Colo. June 30, 2016) (Colorado anesthesiologist filed a disability claim due to cardiac dysthymias, glaucoma, and lymphoma; the disability insurance company gathered his CDT codes, saw that he was still handling conscious sedation procedures, and argued he could still perform the material and substantial duties of his occupation; the court determined that “a reasonable jury could find that plaintiff’s ability to perform conscious sedation procedures does not rise to the level of the “substantial and material duties” of a “gainful job,” denied the insurance company’s motion for summary judgment, and held that the case needed to proceed to trial for resolution of the issues of fact).

Royal Maccabees Life Ins. Co. v. Choren, 393 F.3d 1175 (10th Cir. 2005) (Colorado general dentist filed a disability due to a left finger laceration and repair surgery to attached a severed nerve, carpal tunnel syndrome, tremors, and neck and shoulder pain; Royal Maccabees initially paid benefits then the dentist’s office manage and dental assistant sent the Colorado Division of Insurance a letter stating that the dentist was committing insurance fraud, which was forwarded to Royal Maccabees; Royal Maccabees conducted surveillance (without notifying the dentist), captured video of the dentist, including video of him windsurfing in Venezuela, terminated the claim and sued the dentist for insurance fraud; the jury found that the dentist was disabled and that the insurance company had acted in bad faith (presumably because they believed that Royal Maccabees should have directly addressed the matter with the dentist rather than conducting a covert investigation); on appeal the court upheld the jury’s verdict).

Stewart v. Home Life Ins. Co., 29 F.Supp. 834 (D.C. Colo. 1939) (Plaintiff was found to have lost sight in both eyes and the court found that the insurer could not require the policyholder to have an operation as a condition to recover of disability benefits under Colorado law).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

Colorado Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in Colorado, but there may be satellite courthouses that are closer to where you live.

Denver. Alfred A. Arraj Courthouse, 901 19^th Street, Denver, CO 80294; Byron G. Rogers Courthouse, 1929 Stout Street, Denver, CO 80294

Colorado Springs. 212 N. Wahsatch Avenue, Colorado Springs, CO 80903

Grand Junction. Wane Apinall Courthouse, 400 Rood Avenue, Grand Junction, CO 81501.

Durango. La Plata County Courthouse, 1060 E. 2^nd Avenue, Suite 150, Durango, CO 81301.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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