Chapter 7 - CHAPTER 7 REASONABLENESS OF THE INSURER'S CONDUCT — THE "FAIRLY DEBATABLE" STANDARD; THE INSURER'S DUTY TO INVESTIGATE; AND OTHER FACTORS APPLICABLE TO THE REASONABLENESS OF AN INSURER'S CONDUCT

• Jurisdiction: Colorado

Chapter 7 REASONABLENESS OF THE INSURER'S CONDUCT — THE "FAIRLY DEBATABLE" STANDARD; THE INSURER'S DUTY TO INVESTIGATE; AND OTHER FACTORS APPLICABLE TO THE REASONABLENESS OF AN INSURER'S CONDUCT

SYNOPSIS

§ 7.1 RECOGNITION OF THE "FAIRLY DEBATABLE" STANDARD IN COLORADO

§ 7.2 APPLICATION OF THE "FAIRLY DEBATABLE" STANDARD IN OTHER JURISDICTIONS

§ 7.2.1—The "Fairly Debatable" Issue Can Be Decided as a Matter of Law
§ 7.2.2—Jury Must Decide Whether Insurer's Decision to Deny a Claim Is "Fairly Debatable"

§ 7.3 BAD FAITH CLAIMS IN ARBITRATION PROCEEDINGS OR IN CONNECTION WITH CONTRACTUAL APPRAISAL OF LOSS

§ 7.3.1—Bad Faith Claims in Context of Arbitration Proceedings
§ 7.3.2—Bad Faith Claims in Context of Appraisal Process

§ 7.4 BAD FAITH CLAIMS IN DECLARATORY JUDGMENT ACTIONS

§ 7.5 WHETHER A CLAIM IS "FAIRLY DEBATABLE" IS NOT DISPOSITIVE OF THE ISSUE OF COMMON LAW OR STATUTORY BAD FAITH, BUT FAIR DEBATABILITY IS EVIDENCE OF THE REASONABLENESS OF AN INSURER'S CONDUCT

§ 7.6 THE REASONABLENESS OF AN INSURER'S RELIANCE ON EXPERTS

§ 7.7 INSURER'S DUTY TO INVESTIGATE — WHAT CONSTITUTES A "REASONABLE INVESTIGATION"

§ 7.8 A VALUATION DISPUTE, WITHOUT MORE, MAY BE INSUFFICIENT...