Migliaccio & Rathod LLP is investigating whether Colorado homeowners whose residences suffered qualifying non-wildfire total losses were improperly required to itemize their belongings before receiving minimum personal property payment offers.
When a home is destroyed by a covered fire or another disaster, homeowners may lose nearly everything they own. Colorado law generally requires insurers to offer at least 30% of the personal property coverage limit without a written inventory for qualifying total losses involving owner-occupied, furnished primary residences, after determining that a valid total-loss claim exists.
Migliaccio & Rathod is investigating whether insurers failed to make these minimum offers, required detailed inventories before offering payment, or incorrectly calculated the amount available to qualifying homeowners.
Homeowners May Have Experienced:
- Being required to list every lost possession before receiving a contents payment offer;
- Receiving an offer below 30% of the applicable personal property coverage limit;
- Experiencing delays in receiving an inventory-free offer after a valid total loss was determined;
- Being told that no personal property payment could be offered without detailed documentation;
- Receiving unclear information about Colorado’s minimum contents payment requirements; or
- Having difficulty obtaining an initial payment offer for belongings destroyed in a covered loss.
Potential Claims May Include:
- Failure to comply with Colorado’s minimum contents payment offer requirements;
- Improper conditioning of required offers on a detailed inventory;
- Incorrect calculation of minimum personal property payment offers;
- Breach of applicable insurance obligations; or
- Other remedies available under Colorado insurance law.
Signs You May Be Affected:
- You owned and occupied a furnished primary residence in Colorado;
- Your home and its contents suffered a qualifying total loss from a non-wildfire event;
- Your homeowners policy included personal property coverage;
- Your insurer determined that you had a valid total-loss claim;
- You were not offered at least 30% of the applicable contents limit without submitting a written inventory; or
- You have your policy, claim correspondence, and settlement records.
If you believe you experienced this issue, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.