Colorado Insurance Lawyers
Structura Law | Denver & Statewide Legal Counsel
Navigating Colorado Insurance Disputes
Resolving Complex Insurance Coverage Issues Throughout Colorado
When insurance coverage disputes arise, having an attorney with insider knowledge of the insurance industry makes all the difference. At Structura Law, founding attorney Jennifer Arnett brings her unique experience as a former Chief Litigation Officer for a national property and casualty insurance company to every coverage matter, providing insurance carriers with strategic insights that few Colorado attorneys can offer.
We understand the complexities insurers face when navigating Colorado's distinct legal landscape. Our firm works with insurers to provide coverage opinions, particularly involving commercial general liability and professional liability policies. We defend carriers sued for bad faith, and we file and defend against declaratory judgment actions.
THE STRUCTURA LAW ADVANTAGE: With seven years as VP & Chief Litigation Officer at a national insurance carrier, Jennifer Arnett understands the internal operations, claims evaluation processes, and business considerations that drive insurer strategy.
Insurers Need Specialized Legal Expertise in Colorado
Insurance Coverage Matters We Handle for Insurers
Strategic Coverage Analysis
Comprehensive policy review for informed claim decisions
Analysis of coverage issues in construction defect claims
Evaluation of "property damage" and "occurrence" definitions
Interpretation of policy exclusions and endorsements
Effective Claims Management Support
Crafting precise reservation of rights communications
Guidance on proper claim investigation documentation
Development of defensible coverage positions
Strategic approaches to complex claim scenarios
Litigation Representation
Declaratory judgment actions to resolve coverage questions efficiently
Defending against bad faith allegations with knowledgeable advocacy
Coordinating coverage among multiple insurers and policies
Establishing favorable precedent on coverage issues
Insurance Policy Issues We Address
Construction defect coverage issues
“Occurrence” and “property damage” questions
Multiple insureds, including Named Insureds and Additional Insureds
"Your work" and "your product" exclusion disputes
Additional insured provisions and scope
Bodily injury and property damage coverage determinations
Manuscripted forms
Claims-made policy issues
Prior knowledge exclusion disputes
Notice requirement compliance
Extended reporting period questions
Thoughtful policy analysis and clear communication of coverage positions are essential to minimize exposure and manage policyholder expectations effectively. Insurance policies are complex contracts filled with technical language, exclusions, and conditions that require sophisticated interpretation.
Colorado has specific statutes and case law governing insurance practices, and the state's courts have established unique interpretations of standard policy provisions that differ from other jurisdictions. This legal landscape creates distinct challenges for insurance carriers operating in Colorado.
At Structura Law, we leverage our comprehensive understanding of Colorado insurance law, policy language, and industry practices to help insurers navigate these complexities effectively. Whether you're seeking coverage opinions, defending against bad faith allegations, or pursuing declaratory judgment actions, our experienced insurance attorneys provide the knowledge and advocacy you need.
Our Insurance Coverage Success Stories
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Setting Key Precedent: High-Rise Roof Damage Insurance Coverage Dispute
We represented the insurer of a general contractor responsible for preparation and development of two high-rise apartment buildings where the roofs were significantly damaged. We obtained a ruling clarifying that a mere pre-litigation demand does not equate to a Colorado Construction Defect Action Reform Act (CDARA) notice that would trigger a defense obligation. This precedent-setting decision in Houston Cas. Co. v. Swinerton Builders, 2021 U.S. Dist. LEXIS 230606, Civ. No. 20-cv-03558-NYW (D. Colo. Dec. 2, 2021), provided important clarity for insurers regarding defense obligations in construction disputes.
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Significant Victory Defining "Property Damage" in Balcony Leak Dispute
In a subrogation and coverage dispute between insurance companies involving leaking balconies at an apartment complex, we obtained a ruling that "property damage" in a CGL policy requires damage to a third party's non-defective work. This decision in Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857, Civ. No. 21-cv-02404-RMR-NRN (D. Colo. July 5, 2022), helped establish clearer boundaries for coverage obligations in construction defect cases, protecting our client from unwarranted exposure.
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Successfully Navigating Complex Defective House Siding Claim
When customized siding installed on a high-value home in Aspen discolored, resulting in litigation by the homeowner against all potential parties, we advised the general contractor's insurer on both the duty to defend and the duty to indemnify. We conducted a detailed analysis considering whether liability lay with the insured, the installation subcontractor, the manufacturer of the siding, or the manufacturer of the coating. Our strategic approach allowed for appropriate coverage determinations that protected our client's interests.
Our Strategic Approach to Insurance Representation
1. Comprehensive Policy Analysis
We meticulously review all relevant insurance policies, declarations, endorsements, and amendments to identify defensible coverage positions. With Jennifer Arnett's background as an insurance company Chief Litigation Officer, we provide insights into how insurance adjusters and claims committees evaluate coverage—knowledge that proves invaluable in developing effective strategies.
2. Claim Documentation Review
Our team thoroughly analyzes claim documentation, correspondence, and previous coverage positions. We identify potential vulnerabilities, coverage defenses, and strategies for properly framing the issues.
3. Legal Strategy Development
Based on our analysis and your specific goals, we develop a customized legal strategy that may include:
Pre-litigation negotiation with policyholder counsel
Properly structured reservation of rights communications
Litigation when necessary to establish precedent
4. Resolution Pursuit
We pursue resolution through the most effective channels:
Direct negotiation with policyholder representatives
Mediation with experienced insurance neutrals
Arbitration when required by policy provisions
Litigation in state or federal courts
5. Clear Communication
Throughout the process, we offer sophisticated insights into complex insurance concepts and legal strategies. You'll always understand your options and the potential outcomes of different approaches.
Why Choose Structura Law for Colorado Insurance Coverage Matters?
Benefit from Insider Insurance Industry Knowledge
Jennifer Arnett's experience as Chief Litigation Officer of a national property and casualty insurance company provides a unique advantage in understanding how carriers evaluate claims and make coverage decisions. This insider perspective allows us to anticipate challenges and develop more effective strategies.
Leverage Our Proven Success with Colorado Insurance Law
Our firm has successfully navigated Colorado's unique insurance law landscape in numerous cases, leveraging our deep understanding of state-specific provisions and judicial interpretations to achieve favorable outcomes for insurers.
Access Deep Technical Policy Expertise
Insurance policies contain specialized language that requires both legal and technical understanding. Jennifer Arnett has analyzed hundreds of policies throughout her career and stays current on emerging coverage issues. This expertise allows us to identify defensible positions that protect your interests.
Avoid Colorado's Bad Faith Minefield
We help our insurance clients navigate Colorado's bad faith landscape and defend against bad faith allegations. The principal of Structura Law was the Chief Litigation Officer of a national P&C carrier for several years, giving us a unique insider's perspective. We know insurance like few others.
FAQs
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Colorado courts have developed specific interpretations of what constitutes "property damage" under CGL policies. In a recent case we handled, Indian Harbor Ins. Co. v. Houston Cas. Co., the court clarified that "property damage" requires damage to a third party's non-defective work. Understanding these nuances is critical for proper claim evaluation.
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Colorado's CDARA establishes specific notice requirements and processes for construction defect claims. In our victory in Houston Cas. Co. v. Swinerton Builders, we established that a pre-litigation demand does not automatically trigger defense obligations under CDARA. This precedent helps insurers properly determine when defense obligations arise.
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Reservation of rights letters must be carefully crafted in Colorado to preserve coverage defenses while fulfilling good faith obligations. A proper reservation identifies specific policy provisions, explains potential coverage limitations, and maintains appropriate communication with the insured. Our experienced team can help craft effective communications that protect your position.
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Proper documentation of claim investigations, coverage determinations, and communications with insureds is essential to defend against bad faith claims. We advise insurers on developing robust documentation protocols that demonstrate thorough investigation and reasonable decision-making processes.
Don't Wait to Address Complex Coverage Issues
Insurance coverage disputes require sophisticated legal analysis and strategic planning. Let Structura Law's experienced insurance coverage attorneys help your company navigate Colorado's complex insurance landscape while protecting your interests and establishing favorable precedent.
Serving Clients Throughout Colorado
We represent clients throughout Colorado, including Denver, Colorado Springs, Fort Collins, and mountain communities. We can arrange video consultations for clients who cannot easily travel to our office.
What to Expect
When you contact Structura Law, we will:
Respond promptly to your inquiry
Listen carefully to understand your situation
Provide an initial assessment of your legal matter
Explain our approach and fee structure clearly
Develop a tailored strategy if you choose to work with us
Our goal is to make the legal process as clear and straightforward as possible while providing the sophisticated representation your matter deserves.