Key points
- Most homeowner and commercial policies require prompt notice of the loss and impose duties to mitigate, document and cooperate.
- Many Texas policies require suit within two years and one day after the claim accrues, and many statutory claims also have two-year limitations periods.
- Chapter 542A requires a detailed written notice at least 61 days before suit on weather-related claims, and can affect the attorney’s fees you recover.
- An insurer’s appraisal clause can resolve disputes over the amount of loss without a lawsuit, but it doesn’t decide coverage.
Claims we handle
- Hail damage: roofs, siding, windows, gutters, HVAC and solar;
- Wind damage: hurricanes, derechos, tornadoes and straight-line winds;
- Fire damage: structure, contents, smoke and soot, and additional living expenses;
- Water intrusion: storm-created openings, plumbing failures and resulting mold; and
- Commercial claims, including business income and extra expense.
Why claims get denied or underpaid
| Insurer position | How we respond |
|---|---|
| “The damage is wear and tear or pre-existing.” | Independent engineers and roofers, storm data, and before-and-after evidence. |
| “The damage is below your deductible.” | Full-scope estimates that capture hidden and interior damage the field adjuster missed. |
| “It’s an excluded cause.” | Careful policy analysis of exclusions, exceptions and endorsements, and how Texas courts read them. |
| Slow-walking the claim | Prompt Payment Act deadlines, interest and fee exposure. |
| Lowball estimate | Line-by-line rebuttal, appraisal where appropriate, or suit. |
The Texas law behind your claim
- Your policy: coverage, exclusions, deductibles (including percentage wind and hail deductibles), replacement cost vs. actual cash value, and conditions such as proof of loss and appraisal.
- Insurance Code Chapter 541 prohibits unfair settlement practices, such as misrepresenting coverage or failing to attempt in good faith a prompt, fair settlement once liability is reasonably clear.
- Insurance Code Chapter 542, the Prompt Payment of Claims Act, sets deadlines to acknowledge, investigate, decide and pay claims. Late payment can trigger statutory interest and attorney’s fees.
- Insurance Code Chapter 542A governs most weather-related claims: pre-suit notice, the insurer’s right to inspect, and rules that can affect fee recovery.
- TWIA: coastal windstorm policies, including those in parts of eastern Harris County, are governed by Insurance Code Chapter 2210, which has shorter claim deadlines and its own dispute process.
Got a denial letter or a lowball estimate?
Send us the policy, the letter and the adjuster’s estimate. We’ll tell you what’s missing and what deadlines apply. Book a discovery call or call (346) 363-0334.
Our process
- Damage assessment with roofing, engineering and restoration professionals, so visible and hidden damage is documented.
- Policy review of every applicable coverage, exclusion and condition.
- Claim presentation: a complete, supported demand that satisfies policy and statutory requirements.
- Negotiation and appraisal with the carrier and its adjusters.
- Litigation when the insurer won’t honor its obligations, including statutory and extra-contractual claims.
Homeowners and businesses alike
Whether you’re restoring your family’s home or getting a business back to normal operations, we tailor the strategy to your property and your goals, including business income losses, code-upgrade costs and tenant issues for commercial owners.