Innovators in Changing Times
We allow our attorneys to thrive.
We allow new ideas to flourish.
When an insured is sued in court, the insurance company is responsible to pay for the insured’s representation. In Mount Hawley Insurance v. Casson Duncan Construction, Inc., 409 P.3d 619 (Colo.App. 2016), the Colorado Court of Appeals held that an insurance company’s responsibility to pay for the insured’s defense applied regardless of whether the damages in the case were covered by the policy holding that an insurance company is responsible to pay “costs” even if the underlying “damages” are found not be covered by the policy.
Insurance companies often have significant advantages over individual insureds. Claims from property damages caused by “all risks” are often denied as a result of misinterpretations of coverage, breach of contract, and disputes over value. Carriers are obligated to negotiate these things in good faith – and often don’t. As a result of poor insurance company behavior, a named insured may sustain damage to his or her home that greatly devalues a person’s most important asset, their home, an insured may lose business income if the a commercial building his or her business is located it is damaged by hail, fire, or flood, or a commercial building owned by you may sustain damage which results is lost rents from tenants who were forced to leave the building due to damage caused by hail, fire, or a flood. We ensure that these types of damages are accounted for.
Disputes between a policyholder and their insurance company about the “amount of loss” can be stressful and confusing. Furtado Law PC is committed to holding insurance companies accountable for a fair and cost-effective appraisal process.
This includes a “Proof of Loss” declaration under penalty of perjury. It is wise to consult with a qualified professional when submitting this document. If the “Proof of Loss” is found to be inaccurate, coverage under the policy may be voided.
Appraisers not only help determine the amount of loss, but may also help determine the cause of loss. In Auto-Owners Insurance Company v. Summit Park Townhome Association, 100 F. Supp 3d 1099 (D. Colo. 2015) the court held that the cause of loss is an essential part of determining the amount of loss. Furtdao Law PC is litigating Certain Underwriters of Lloyd’s of London v. Southwind and Eastpointe Homeowners Association, Inc. (Case No. 1:16cv01288-MJW) where this ruling has been applied.
It is important that qualified professionals assist policyholders with the appraisal process. Insurance companies often attempt to influence the process by choosing biased appraisers to assist them. Some companies undermine the process by claiming an appraiser cannot determine the scope or cause of loss, and otherwise attempt to delay the process by interfering with the appraisal.
Furtado Law PC has sucessfully navigated the appraisal process for its clients.
Insureds are often served in the insurance market not by the insurance companies themselves, but by brokers who work with multiple underwriters. The brokers are responsible to represent the terms of the policy correctly. In DC–10 Entertainment, LLC v. Manor Insurance Agency, Inc., 308 P.3d 1223 (Colo.App. 2013), the Colorado Court of Appeals reversed a trial court decision against the insured by holding that the insurance broker was liable due to its failure to obtain the specific coverages requested by the business owner.
Insurance Litigators – Boots on the Ground
We allow our attorneys to thrive. We allow new ideas to flourish. We challenge assumptions and chew away at the status quo.
We create unique legal solutions that make the status quo obsolete.
We illuminate the problems that need to be solved and identify a unique solution.
We understand that past experiences are valuable, but it’s also important to connect these past experiences to what is currently happening in the industry.
Innovation across a changing legal landscape in a changing world is not about using the same tactics and strategies; it’s about thinking differently, inventing new strategies and having the ability to deliver results.
Property Loss & Business Interruption: Fire, Hail, Flood & Other Damages
A natural disaster or crisis event happens. You file a claim with your insurance carrier.
Welcome to the lion’s den. Here’s what you’re up against:
• They’re experts; you’re not. They’ve handled thousands of claims; you haven’t. Insurance law and procedure that was written to be favorable to the carrier, not you.
• A carrier’s relationship with its policyholders is much like that of a player and a casino; the house most often wins. Your carrier’s denials may be explained as misinterpretations of coverage, or breach of contract, or dispute over value. But even when a claim is paid, how do you know that you’re getting everything you’re entitled to? Your agent may promise negotiations in good faith, but what incentive do they have to deliver?
• This isn’t a judgment: Insurance carriers aren’t charities. Carriers are bound to follow a business model that brings shareholders maximum profitability. Denial of payment or underpayment are among the ways they do that. These are tactics.
• Getting fair compensation is difficult by design. Carriers also have the advantage of time, language, legal complexity, stacks of forms, and other techniques to discourage you. You’re not bound or obliged to them. Carriers know that claimants will often surrender and won’t stay the fight. This is exactly what they’re counting on.
• How can you tilt the system more to your favor? The right legal team is crucial.
Why Furtado Law:
• An insurance carrier will bring a team of experts and property damage lawyers to the table; we bring something better. Our team has over 30 years of experience working insurance cases from both sides of the table. We get results. We have the record of wins to prove it.
• The insurance process is deep. Legal procedures and practices are intensely—and intentionally—complex. Without legal expertise and court experience, you can’t hope to deliver the results that we can. How can you know your carrier’s property damage appraisers are offering you fair and full value? With a legal team, you don’t need faith; you have actual power.
Why you need Furtado Law before you even begin:
• An attorney should be involved with your case from the very start. Even before you file a police report or call to your agent the first time.
• Without legal expertise, how will you know if your carrier’s property damage liability obligation is all it should be? Who will you verify it on your behalf?
• Strategy and procedure are crucial for your best outcome. What will yours be?
• How will you be assured that all is fair and above board? With an attorney, you have verification and enforcement. We know where to dig, what your legal obligations and exemptions are, your exclusions and inclusions, and will find anything else that can help your case: We know policy. We are the path to your best result.
Meet the Attorneys
Attorney, David Furtado
Attorney David Boies has a track record of recovery in civil matters. He is a protector of individual rights.
View Attorney ProfileTeam
Attorney David Boies has a track record of recovery in civil matters. He is a protector of individual rights.
View Attorney Profile
Practice Areas
Property Damage Claims
Fire, hail, flood, & tornadoes: Don’t let disaster strike twice. Double Your Disaster by Settling for Less When you file an insurance claim, think of it as a negotiation.
View Practice Detail
Appraisals for Amount, Scope, and Cause of Loss
Never before have we collectively faced such a siege on our families, homes, and livelihoods. Business has gone from mere interruption to, in many cases, full-scale physical destruction through vandalism, fire, and theft.
View Practice Detail
COVID-19 & Forced Business Interruption
To better evaluate your options, let Furtado Law help you with a complimentary assessment of your policy. But don’t wait: Start protecting your business now by contacting the experts at Furtado Law.
View Practice DetailMeet the Attorneys
Attorney, David Furtado
Attorney David Boies has a track record of recovery in civil matters. He is a protector of individual rights.
View Attorney ProfileTeam
Attorney David Boies has a track record of recovery in civil matters. He is a protector of individual rights.
View Attorney ProfilePractice Areas
Property Damage Claims
Fire, hail, flood, & tornadoes: Don’t let disaster strike twice. Double Your Disaster by Settling for Less When you file an insurance claim, think of it as a negotiation.
View Practice Detail
Appraisals for Amount, Scope, and Cause of Loss
Never before have we collectively faced such a siege on our families, homes, and livelihoods. Business has gone from mere interruption to, in many cases, full-scale physical destruction through vandalism, fire, and theft.
View Practice Detail
COVID-19 & Forced Business Interruption
To better evaluate your options, let Furtado Law help you with a complimentary assessment of your policy. But don’t wait: Start protecting your business now by contacting the experts at Furtado Law.
View Practice Detail