Statute of Limitations
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
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.
Exposure in Texas
Source: Insurance Council of Texas 2024
Source: Tex. Ins. Code § 542.060
Source: Texas Windstorm Insurance Association (TWIA)
Source: National Insurance Crime Bureau (NICB) 2024