Colorado Residential Attorneys

Generally, no. An insurance company cannot deny a claim just because it was filed after the deadline.

A 2024 Colorado Supreme Court decision in Gregory v. Safeco Insurance Company established the Notice-Prejudice Rule. Your insurer cannot deny your claim simply because it was filed late. They must prove that your late filing harmed their ability to properly investigate the claim.

Insurers cannot benefit from an arbitrary technicality, such as a filing deadline.  

This ruling applies to first-party, occurrence-based claims. This is when the homeowner has experienced a policy-covered loss and filed a claim with their insurance company.

Home insurance providers deny policyholder claims for reasons ranging from human filing errors to coverage lapses to fraud. Insurance companies also tend to reject claims involving the normal wear and tear that naturally happens over time.

Insurers must give specific, written reasons for denying policyholders’ claims. Compare the language in your policy with the actual denial letter.

Ask your insurance company to conduct an internal review. You will have to fill out an appeal form. This will get your claim assigned to a new adjuster who will review your claim. 

If you still disagree after appealing, consider hiring an insurance attorney who can assess for bad faith, negotiate on your behalf, or take legal action if necessary.