The parts of a fire claim
Dwelling / structure
Repair or rebuild of the building, including code-required upgrades where the policy covers them.
Smoke & soot
Cleaning, sealing or replacing surfaces, HVAC ductwork and insulation affected by smoke.
Contents
Personal property inventories, cleaning versus replacement, and depreciation.
Additional living expense
Loss of use: temporary housing and increased living costs while you can't live at home.
Common fire claim disputes
- Limiting the scope to visibly burned areas while smoke damage elsewhere goes unaddressed.
- Cleaning instead of replacement for items and surfaces that can't be restored.
- Contents inventories, valuation and depreciation.
- Length and amount of additional living expenses.
- Examinations under oath and extensive document requests.
- Investigation delays. If an insurer has a reasonable basis to believe a loss resulted from arson, the statute allows it 30 days, rather than 15 business days, to accept or reject after receiving required items (Tex. Ins. Code § 542.056(b)).
How we approach a fire claim
Michael P. Bowman's background in investigations, construction and public adjusting helps us read cause-and-origin findings, rebuild estimates and contents valuations, and keep the claim organized through examinations under oath and document requests.
Texas law on claim handling
The Texas Prompt Payment of Claims Act (Tex. Ins. Code ch. 542, subch. B) sets claim-handling deadlines. After the insurer receives notice of a claim, it generally must acknowledge it, start investigating and request what it needs within 15 days (§ 542.055). It must accept or reject the claim in writing within 15 business days after receiving the items it requires (§ 542.056), and pay within 5 business days after notifying you it will pay (§ 542.057). Surplus lines insurers and declared weather catastrophes have different periods (§§ 542.055, 542.057, 542.059). If an insurer that is liable for the claim does not comply, it may owe statutory interest and attorney's fees (§ 542.060).
Chapter 541 prohibits unfair settlement practices, including misrepresenting policy provisions and failing to attempt in good faith a prompt, fair and equitable settlement once liability has become reasonably clear (§ 541.060). See our bad faith page.
Statute references are to the Texas Insurance Code and are summarized for general information. The full text controls. Laws change; check the current version.
