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Statute of limitations — Texas
Texas: 4 years from breach for breach of contract (Tex. Civ. Prac. & Rem. Code § 16.004); 2 years for Insurance Code violations (§ 16.003); prompt payment penalties under Tex. Ins. Code § 542.060
4 years from denial/underpayment (breach of contract); 2 years for statutory bad faith
Filing venue
Where to File in Texas
Texas storm damage lawsuits are filed in District Court or County Court at Law in the county where the property is located. The Texas Department of Insurance (TDI) accepts complaints and investigates insurer conduct. Under the Texas Prompt Payment of Claims Act (Tex. Ins. Code Ch. 542), insurers must acknowledge claims within 15 days, accept or reject within 15 business days of receiving all information, and pay accepted claims within 5 business days. Failure triggers 18% annual interest on the claim amount from the date payment was due. Bad faith claims under Tex. Ins. Code Ch. 541 allow treble damages and attorney fees. Tarrant, Dallas, Harris, and Bexar County courts handle the highest volume of hail and hurricane claims. Texas does not require a pre-suit notice for bad faith claims, unlike Florida.
Texas data
Exposure in Texas
Estimated insured hail damage losses in Texas from 2019-2024, making hail the most expensive peril for Texas homeowners
$32B
Source: Insurance Council of Texas 2024
Texas Prompt Payment of Claims Act imposes 18% annual interest on delayed claim payments — one of the strongest prompt payment penalties in the nation
18% interest
Source: Tex. Ins. Code § 542.060
Hurricane Harvey insured losses in Texas (2017) — ongoing litigation over underpaid claims continues nearly a decade later
$14.6B
Source: Texas Windstorm Insurance Association (TWIA)
Hail damage insurance claims filed in Texas between 2020-2024 — Texas leads the nation in hail claim volume
2.3M
Source: National Insurance Crime Bureau (NICB) 2024
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