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The Claim Attorney
The Claim Attorney
Law Office of Michael P. Bowman
Texas Prompt Payment Act · Ch. 542

Texas Insurance Claim Timeline: Deadlines Insurers Must Meet

Texas law sets specific deadlines for insurers to acknowledge, decide and pay property claims. Here is the sequence, with the statute for each step, so you can tell when a claim is running late.

The claim timeline, step by step

WhenWhat happensSource
Notice of claimYou report the loss to the insurer. Your policy may set its own notice requirements.Policy
Within 15 daysInsurer acknowledges the claim, starts its investigation and requests the items, statements and forms it reasonably believes it will need. Surplus lines insurers: 30 business days.§ 542.055(a)
During investigationInsurer may make additional requests if they are necessary.§ 542.055(b)
Within 15 business days after final proof of lossInsurer notifies you in writing that it accepts or rejects the claim. A rejection must state its reasons. Suspected arson: 30 days.§ 542.056(a)–(c)
If more time is neededWithin the same period, insurer explains why it needs more time, then must accept or reject within 45 days after that notice.§ 542.056(d)
Within 5 business days after acceptanceInsurer pays the accepted claim or part of it, or within 5 business days after a condition you must perform is met. Surplus lines: 20 business days.§ 542.057
Payment delayed more than 60 daysIf payment is delayed beyond the applicable period (or more than 60 days if none applies) after the insurer receives the required items, statutory damages under § 542.060 may apply.§ 542.058(a)
Weather catastropheWhen the commissioner declares a weather-related catastrophe or major natural disaster, these deadlines are extended by 15 days.§ 542.059(b)
Late-payment remedyInterest on the claim and reasonable attorney's fees: 18% a year, or, in Chapter 542A actions, simple interest at the judgment-date rate under § 542.060(c).§ 542.060
At least 61 days before suit (weather claims)Written pre-suit notice with the required contents.§ 542A.003
Within 30 days after noticeInsurer may request an inspection, to be completed within 60 days of notice if reasonably possible.§ 542A.004
Chapter 541 lawsuit deadlineAn action under Chapter 541 must be brought before the second anniversary of the conduct or its discovery, with a possible 180-day extension in limited circumstances.§ 541.162
Policy suit deadlineMost policies contain a 'suit against us' condition with their own time limit. Read your policy.Policy

"§" references are to the Texas Insurance Code. Deadlines can change based on the facts, the type of insurer and the policy; the statute text controls.

How to use this timeline

  • Write down the date you reported the claim and the claim number.
  • Keep copies of every request and the date you answered it. The 15-business-day decision clock under § 542.056 runs from receipt of the items the insurer requires.
  • Save the denial or payment letter. A rejection must state its reasons (§ 542.056(c)).
  • Watch policy deadlines, including notice and suit limitations, which are separate from the statute.
If your claim has gone past these deadlines without a decision or payment, or you are close to a policy or statutory deadline, talk with an attorney promptly.

See also: Chapter 542A pre-suit notice · Texas claim and lawsuit deadlines · Bad faith

Statute references are to the Texas Insurance Code and are summarized for general information. The full text controls. Laws change; check the current version.

Talk with an Austin insurance claim attorney.

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Questions

Frequently Asked Questions

How long does an insurer have to acknowledge my claim in Texas?

Generally 15 days after it receives notice of the claim, or 30 business days for an eligible surplus lines insurer (Tex. Ins. Code § 542.055(a)).

How long does the insurer have to accept or reject my claim?

Generally 15 business days after receiving all items it requires to secure final proof of loss, or 30 days if it reasonably suspects arson (§ 542.056). If it notifies you it needs more time, it must decide within 45 days after that notice (§ 542.056(d)).

How fast must the insurer pay after accepting?

Generally within 5 business days after notifying you it will pay, or 20 business days for surplus lines insurers (§ 542.057).

Are deadlines extended after a major storm?

Yes. For a weather-related catastrophe or major natural disaster as defined by the commissioner, the claim-handling deadlines are extended by 15 days (§ 542.059(b)).

What happens if the insurer misses these deadlines?

If the insurer is liable for the claim and did not comply, it may owe interest on the claim amount and reasonable attorney's fees (§ 542.060). The rate differs in Chapter 542A actions (§ 542.060(c)).

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