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.

Insurer must acknowledge claim
Tex. Ins. Code §542.055

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
Insurer must accept or reject claim
Tex. Ins. Code §542.056

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
Insurer must pay accepted claim
Tex. Ins. Code §542.057

Once they accept your claim, they have 5 business days to pay you.

  • paymentBusinessDays: 5
Statutory penalty for late payment
Tex. Ins. Code §542.060

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
Misrepresenting policy provisions
Tex. Ins. Code §541.060(a)(1)

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.

Failure to attempt good-faith settlement
Tex. Ins. Code §541.060(a)(2)(A)

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.

Failure to provide reasonable explanation
Tex. Ins. Code §541.060(a)(3)

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.

Refusal to pay without conducting reasonable investigation
Tex. Ins. Code §541.060(a)(7)

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.

§541 damages and treble-damage exposure
Tex. Ins. Code §541.152

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.

Stowers duty
G.A. Stowers Furniture Co. v. American Indem. Co., 15 S.W.2d 544 (Tex. Comm'n App. 1929)

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.

Aranda common-law duty of good faith and fair dealing
Aranda v. Insurance Co. of N. Am., 748 S.W.2d 210 (Tex. 1988)

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.

4-year SOL — breach of insurance contract
Tex. Civ. Prac. & Rem. Code §16.051

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
2-year SOL — tort / unfair practices
Tex. Civ. Prac. & Rem. Code §16.003

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
Policy appraisal procedure
(per HO-A / HO-3 standard appraisal provision)

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.

Public adjuster licensing
Tex. Ins. Code Chapter 4102

Only a TDI-licensed public adjuster can legally negotiate your claim for you. DenialAI is not a public adjuster — we provide tools, not representation.

Matching of materials guidance
28 Tex. Admin. Code §5.4001 (and TDI Bulletin No. B-0085-09 historical)

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.

One-party-consent recording
Tex. Penal Code §16.02; Tex. Civ. Prac. & Rem. Code §123.001

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.