Texas Fire Damage Insurance Claim Lawyer

Structure, contents, smoke and additional living expenses: we recover what your fire policy owes when the insurer won’t.

Storm Insurance Recovery

After a fire, you shouldn’t have to fight your insurer too

A fire can destroy a home or business in minutes, and the insurance claim that follows can drag on for months: endless document requests, examinations under oath, contents disputes, and estimates that won’t rebuild what was lost. Hayes Hunter PC represents fire claimants across Texas. In one recent matter, specialized fire claim counsel secured a recovery of nearly $500,000 after two prior firms couldn’t break the stalemate.

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The short answer

A fire damage insurance claim can include the dwelling or building, other structures, personal property (contents), additional living expenses or business income, and debris removal, subject to policy limits and conditions such as proof of loss and examinations under oath. When an insurer denies, delays or underpays, Texas policyholders may have claims under the policy and Insurance Code Chapters 541 and 542. For a total fire loss of real property, Texas’s valued policy statute may require payment of the full policy amount.

Key points

  • Your claim usually has several parts: structure, contents, additional living expenses or business income, and debris removal. Each is valued differently.
  • Insurers may request a sworn proof of loss and an examination under oath. Both carry deadlines and risks.
  • For a total loss of real property by fire, Texas’s valued policy law (Insurance Code § 862.053) may make the policy limit payable.
  • Don’t discard damaged items until they’re documented and the insurer has had an opportunity to inspect.

What a fire claim can include

Coverage What to document
Dwelling or building Structural, roofing, framing, electrical and HVAC damage, and code-upgrade costs.
Smoke and soot Odor penetration in drywall, insulation and ductwork, and cleaning vs. replacement.
Contents / personal property A room-by-room inventory, photos, receipts, and replacement cost.
Additional living expenses (ALE) Temporary housing, increased food and travel costs, and storage.
Business income and extra expense Lost profits, continuing expenses, and the costs of operating elsewhere.
Secondary damage Water from firefighting, mold, and corrosion from extinguishing agents.

Why fire claims stall

Fire claims often stall over contents valuation, smoke remediation scope, depreciation, disputes over whether a building is a total loss, and lengthy origin-and-cause or fraud investigations. When an insurer suspects arson or misrepresentation, it may demand recorded statements, an examination under oath, and financial records. These demands have to be handled carefully, because how you respond can affect coverage.

Two firms couldn’t move your claim?

Read how specialized fire claim counsel secured nearly $500,000 after a long stalemate, then book a discovery call or call (346) 363-0334.

What to do after a fire

  1. Get the fire department report and keep any investigator’s contact information.
  2. Secure the property and document damage with photos and video before cleanup.
  3. Track every expense, including hotel, meals, mileage and storage.
  4. Start a contents inventory and gather receipts, bank records and photos of belongings.
  5. Don’t give a recorded statement or examination under oath without advice.
  6. Talk to a lawyer before signing a sworn proof of loss or accepting a “final” payment.

How we help

We assemble the evidence: cause-and-origin and engineering experts, restoration and contents specialists, and forensic accountants for business income. We handle proof-of-loss and examination demands, negotiate with the carrier, and litigate under the policy and the Texas Insurance Code when necessary, including claims for statutory interest and attorney’s fees on delayed payments. See storm insurance recovery.

Frequently asked questions

Fire Damage Claims FAQs

What is an examination under oath?

It's a sworn, recorded interview by the insurer's attorney, permitted by most property policies. Refusing a proper request can jeopardize coverage, but you're entitled to have counsel present, and preparation is essential.

How are contents valued in a fire claim?

Under a replacement cost policy, the insurer typically pays actual cash value first and the depreciation once items are replaced, subject to policy terms. A detailed inventory with photos and receipts is the best way to maximize recovery.

What if the insurer says the fire was intentional?

An insurer that denies a claim for arson generally bears the burden of proving that defense. If the insurer is investigating or has denied the claim on that basis, get counsel immediately. Statements you give can be used in the coverage dispute.

Do I need a lawyer for an insurance claim, or a public adjuster?

A public adjuster can help document and present a claim. An attorney is the right call when the insurer has denied or underpaid, delayed for months, demanded an examination under oath, or when deadlines and the Chapter 542A pre-suit notice are approaching. Only an attorney can file suit and pursue statutory penalties.

This page provides general information about Texas law, not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different, so talk to an attorney about your facts.