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Texas · Storm claim denied: what can I do?

Storm claim denied: what can I do?

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Filing deadline4 years from denial/underpayment (breach of contract); 2 years for statutory bad faithTex. Civ. Prac. & Rem. Code § 16.004

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in 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 A lawyer can confirm yours.

4 years from denial/underpayment (breach of contract); 2 years for statutory bad faith

Source: Tex. Civ. Prac. & Rem. Code § 16.004

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Texas has some of the strongest insurance bad faith protections in the country. The Texas Insurance Code Chapters 541 and 542 provide powerful remedies including treble damages, attorney fees, and prompt payment penalties when insurers fail to pay claims within statutory deadlines. The Dallas-Fort Worth hail corridor generates billions in hail damage claims annually, and Texas courts have consistently enforced prompt payment requirements, with interest accruing at 18% per annum on delayed payments under the Texas Prompt Payment of Claims Act.

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.

How this works nationally

For the overall process and updates, read the Storm claim denied: what can I do? overview. This page covers the local information available for Texas.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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Sources

  1. Tex. Civ. Prac. & Rem. Code § 16.004