Insurance claim basics
Quick-reference summaries of the statutes and doctrines that protect homeowners. None of this is legal advice — it's a starting point so you can have a better conversation with your insurer or your attorney.
Once you tell your insurer about the loss, they have 15 days to acknowledge they got the claim. They can't quietly sit on it.
- acknowledgmentDays: 15
Once the insurer has all the info they need (your proof of loss, photos, etc.), they have 15 business days to say yes or no. They can extend it once to 45 days, but only with a written explanation of why.
- decisionBusinessDays: 15
- extensionDays: 45
Once they accept your claim, they have 5 business days to pay you.
- paymentBusinessDays: 5
If the insurer misses any of the Chapter 542 deadlines, you're entitled to 18% interest per year on what they owe AND reasonable attorney's fees. This is automatic by statute — you don't have to prove the insurer acted in bad faith.
- interestRatePct: 18
It's illegal under Texas law for an insurer to lie about what your policy covers — including misquoting your policy or claiming an exclusion that isn't there.
Once it's reasonably clear that the insurer owes something, they must make a fair settlement offer in good faith. Lowballing or stonewalling violates this.
When the insurer denies your claim or offers less than you ask, they must point to the specific policy language and facts that justify their position.
An insurer can't deny your claim without doing a real investigation first. A drive-by inspection or paper review of a substantial loss isn't enough.
Winning a Chapter 541 case can entitle you to treble (3x) damages where the insurer knowingly violated the statute, plus attorney's fees and costs.
An insurer can be liable beyond policy limits if it negligently fails to settle a third-party claim that it could have resolved within limits.
Texas common law imposes a duty on your insurer to handle your own claim in good faith. Breach of this duty can support a tort claim independent of the policy contract.
You generally have 4 years from the date the insurer breached the contract to sue them for it. The clock typically starts running from the denial.
- years: 4
Most bad-faith and unfair-practice claims have a 2-year deadline. Don't wait — the clock can run before you realize it.
- years: 2
Most policies have an 'appraisal' option for disagreements over the dollar amount of the loss (not coverage). It's a faster, cheaper alternative to suing if the dispute is just about how much.
Only a TDI-licensed public adjuster can legally negotiate your claim for you. DenialAI is not a public adjuster — we provide tools, not representation.
If the damaged material is part of a continuous run (like siding or shingles), you're generally entitled to a matching repair/replacement, not just patchwork that leaves your home with mismatched materials.
Texas lets you record a phone call or in-person conversation you participate in without telling the other person. This is Texas-specific and may not apply to calls with people in other states.
Need help applying these to a specific situation? Start a free claim review.