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Holding Insurers Accountable

We understand how to fight your battle with insurance companies. The trial attorneys at Ogborn Mihm LLP have handled some of the most significant insurance cases in Colorado courts. Our insurance attorneys excel at forcing insurance carriers to pay legitimate claims for both our business and individual clients. Insurance contracts are different from ordinary commercial contracts. Insurance exists to protect your assets from fire, theft, the negligence of others, even your own mistakes. Because consumers rely on insurance companies to protect their financial stability in times of stress and loss, Colorado laws and courts require insurance companies to act in good faith to protect you, not just the insurance companies' bottom lines.

Types Of Insurance Disputes

We see two main types of insurance disputes in our practice: liability insurance disputes and first party insurance disputes. The insurer’s obligations to you depend on the kind of insurance you have and the claim in which you are involved.

Liability Insurance Disputes

People and businesses buy liability insurance to protect their assets from their own errors. Everyone makes mistakes. A driver may be texting or change lanes without paying enough attention, causing a collision. A construction company may fail to pay enough attention to a soil condition report resulting in an expensive home with a broken foundation. An attorney or physician may make a mistake that hurts a client or patient. When your conduct causes physical or financial harm to others, the law requires you to make it right. That is where liability insurance comes in. Your liability insurer is there to defend you if you get sued. The insurer is there to pay a judgment (up to the limits of the insurance you purchased) if you lose. If liability is reasonably clear, your insurer has a duty to try and use the policy limits to settle the case against you so you never have to be exposed to the risks of trial.

If you are insured with liability insurance, you should expect two basic duties from your insurance company. First, if one of the claims against you is within the coverage, the insurance company should defend any action against you, even the uncovered claims. Second, if the specific coverage you have purchased protects against a claim being made then the insurance company should pay an appropriate amount, up to the amount of insurance purchased, to protect you, either through settlement or paying any judgment. Despite the insurance contracts, insurance companies don’t always honor their legal obligations. Insurers sometimes put their quarterly profits ahead of their insureds rights and needs. When that happens, you need experienced insurance litigation attorneys to protect you. If you or your business has such a place, contact us.

First Party Insurance Disputes

People buy first party insurance to protect themselves and their property from unforeseeable events. Homeowners insurance, uninsured motorist/underinsured motorist insurance, business interruption insurance, and fire insurance are all forms of first party insurance. If a hailstorm damages your roof or a negligent driver crashes into you and causes you injury, you may have a first party insurance claim. First party claims are claims you submit to your insurance company for payment.

Often, with these claims, time is a major factor. If your roof leaks from a hailstorm, you cannot afford to wait months to get the claim adjusted and a new roof installed. If your place of business has been destroyed by fire, you need to get your business up and running as soon as possible. That is why, in Colorado, first party insurers cannot unreasonably deny or delay claims. If they do, they can be held accountable and face additional liability for their misconduct.

Personal Counsel

Are you a physician, an attorney, or a company officer or director defending a lawsuit? You may need personal counsel to protect your rights against your liability insurer. Insurance companies are businesses. They exist to make a profit. Sometimes, it may feel like they are putting their shareholders’ interests ahead of yours. This may even happen when the insurance company is providing you with a defense lawyer from a large law firm that does a lot of business with your insurance company. It often happens when the insurer tells you that certain claims raised by a lawsuit are not covered, or exceed the insurance you have.

We can help. The lawyers at Ogborn Mihm have acted as personal counsel for, physicians, attorneys,, executives, officers and directors, and trucking companies and many other clients in cases involving claims from $1 million to in excess of $20 million. In these kinds of cases, we make sure that your interests are being protected and that your voice is being heard.

We Solve Insurance Disputes

No matter your kind of insurance dispute, we can help. Our trial attorneys have successfully battled liability insurers who have failed to protect their insureds (both individual and corporate). We have sued first party insurers for their unreasonable denial or delay of benefits. We have the experience to give you the best opportunity to resolve your claim against an insurance company and the dedication to see the case through trial if it were to be necessary. Contact us to see if we can help you.

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