Certification of Question of Law United States District Court
for the District of Colorado Case No. 15CV2560-WJM-MJW
Attorneys for Plaintiff: Levin Sitcoff PC Bradley A. Levin
Nelson A. Waneka Denver, Colorado Furtado Law PC David J.
Furtado Rodney J. Monheit Denver, Colorado
Attorneys for Defendant: Campbell, Latiolais & Averbach,
LLC Colin C. Campbell Kirstin M. Dvorchak Greenwood Village,
Attorneys for Amicus Curiae Colorado Defense Lawyers
Association: Gordon & Rees LLP John R. Mann Denver,
Attorneys for Amicus Curiae Colorado Trial Lawyers
Association: Keating Wagner Polidori Free, P.C. Zachary C.
Warzel Melissa A. Hailey Denver, Colorado
Attorneys for Amicus Curiae United Policyholders: The Fowler
Law Firm, LLC Timms R. Fowler Fort Collins, Colorado
Taussig, Taussig & Smith, P.C. Scott D. Smith Denver,
¶1 The U.S. District Court for the District of Colorado
certified a question to us regarding the statute of
limitations applicable to section 10-3-1116, C.R.S. (2017),
which governs claims for unreasonable delay or denial of
insurance benefits. Specifically, we accepted jurisdiction
under C.A.R. 21.1 to answer the following question from the
Is a claim brought pursuant to Colorado Revised Statutes
§ 10-3-1116 subject to the one-year statute of
limitations found in Colorado Revised Statutes §
13-80-103(1)(d) and applicable to "[a]ll actions for any
penalty or forfeiture of any penal statutes"?
that the one-year statute of limitations found in section
13-80-103(1)(d), C.R.S. (2017), does not apply to an action
brought under section 10-3-1116(1) because section
10-3-1116(1) is not an "action for any penalty or
forfeiture of any penal statute" within the meaning of
section 13-80-103(1)(d). Therefore, we answer the certified
question in the negative.
Facts and Procedural History
Denish and Betty Jo Chastain held an insurance policy issued
by the defendant, American Family Mutual Insurance Company
("American Family"). On August 30, 2013, the
Chastains submitted a claim to American Family for hail
damage to their roof. American Family inspected the
Chastains' home and on September 3, 2013, estimated that
the cost to repair the hail damage was less than the
policy's $1000 deductible. The Chastains disagreed with
American Family's estimate and subsequently assigned
their claim against American Family to their contractor, the
plaintiff in this case, Rooftop Restoration, Inc.
¶3 On May 13, 2014, Rooftop sent American Family an
estimate which indicated that the cost to repair the hail
damage was approximately $70, 000. On May 28, 2014, American
Family re-inspected the Chastains' home and increased its
estimate of the covered damage to approximately $4000.
American Family sent the ...