When you file a homeowners insurance claim and receive a denial, you may feel betrayed and overwhelmed. Texas law provides strong protections against insurance companies acting in bad faith, and you have specific rights under the Texas Insurance Bills of Rights. The Texas Department of Insurance (TDI) requires insurers to provide the Texas Insurance Bills of Rights with your policy. These Bills of Rights are created by the Office of Public Insurance Counsel (OPIC) and adopted by TDI, ensuring you understand your protections from the start.
💡 Pro Tip: Save every document, email, and text message from your insurance company – these communications often contain the evidence needed to prove bad faith later.
If you’re feeling overwhelmed by your insurance company’s bad faith tactics, it’s time to take action. Contact Fitts Law Firm, PLLC to turn the tables and hold them accountable. Don’t hesitate to call us at 713-871-1670 or contact us online to discuss your situation today.
Texas Insurance Code Chapter 541 explicitly protects homeowners from unfair insurance practices, including prohibiting "misrepresenting to a claimant a material fact or policy provision relating to coverage at issue." When your insurance company tells you something about your policy that isn’t true, they may be acting in bad faith. A denied insurance claim attorney in Houston can identify these misrepresentations by reviewing your policy language against the insurer’s denial reasons. The statute also requires insurers to attempt "in good faith to effectuate a prompt, fair, and equitable settlement" when their liability is reasonably clear.
The Attorney General’s Consumer Protection Division reviews insurance practices in Texas for violations of both the Texas Deceptive Trade Practices Act and Chapter 541. A denied insurance claim attorney in Houston can help you file complaints with the Texas Department of Insurance and the Attorney General’s Consumer Protection Division, potentially triggering investigations that extend beyond your individual claim.
💡 Pro Tip: Document the date, time, and content of every phone conversation with your insurance company – Texas is a one-party consent state for recording, so you can legally record these calls for your protection.
Proving bad faith requires methodical documentation and understanding the specific timeline of events. The process begins the moment your claim is denied or unreasonably delayed. Here’s what you need to know:
💡 Pro Tip: Create a dedicated email folder and physical file for all insurance correspondence – judges appreciate organized plaintiffs who can quickly produce requested documents.
Successfully proving bad faith requires more than showing your claim was wrongly denied. A denied insurance claim attorney in Houston will analyze your insurer’s entire claims handling process, looking for patterns of delay, inadequate investigation, and misrepresentation of policy terms. Texas Insurance Code Chapter 541 provides specific examples of unfair settlement practices that constitute bad faith, giving your attorney a statutory framework to demonstrate violations. The Fitts Law Firm, PLLC has extensive experience identifying these violations and building compelling cases that hold insurance companies accountable.
OPIC’s Bills of Rights provide "a basic outline of important rights you have under Texas law," and these rights form the foundation of many successful bad faith claims. When insurers violate these protections – such as the right to a prompt and fair claims process – a denied insurance claim attorney in Houston can use these violations as evidence of bad faith.
💡 Pro Tip: Ask your attorney about seeking both actual damages and statutory penalties – successful bad faith claims in Texas can result in treble damages plus attorney fees.
Recognizing bad faith tactics early can strengthen your position and help you protect your rights. Insurance companies often use subtle strategies to avoid paying legitimate claims, but certain behaviors clearly cross the line into bad faith territory.
When your insurance adjuster suddenly becomes difficult to reach after initially being responsive, this shift often signals bad faith. Other red flags include receiving conflicting information from different representatives, being told your policy excludes coverage without specific policy language citations, or experiencing repeated requests for the same documentation you’ve already provided. A denied insurance claim attorney in Houston frequently sees insurers use these delay tactics to frustrate policyholders into accepting lowball settlements.
💡 Pro Tip: Send important communications via certified mail or email with read receipts – creating an undeniable paper trail prevents insurers from claiming they never received your documents.
Sometimes proving bad faith isn’t your only option for recovery. OPIC identifies several safety net programs available to Texas homeowners when private insurance coverage is unavailable or wrongfully denied. Understanding these alternatives can provide immediate relief while you pursue your bad faith claim.
The Texas Windstorm Insurance Association (TWIA) offers coverage for wind and hail losses for coastal consumers unable to obtain coverage elsewhere. The Texas FAIR Plan provides basic property insurance for those who cannot secure coverage in the private market. For flood-related issues, FEMA’s National Flood Insurance Program provides flood insurance coverage that is typically not included in standard homeowners insurance policies; property owners must purchase NFIP flood insurance as a separate policy since most private homeowners insurance does not cover flood damage. These programs can serve as temporary solutions while you work with a denied insurance claim attorney in Houston to pursue your bad faith claim.
💡 Pro Tip: Apply for alternative coverage immediately after a denial – these programs often have strict deadlines, and having backup coverage strengthens your negotiating position with the denying insurer.
Many Houston homeowners share similar concerns when their insurance claims are denied. Understanding these common issues helps you prepare for the legal process ahead.
💡 Pro Tip: Write down your questions before meeting with an attorney – this ensures you get all the information you need during your consultation.
Taking action promptly protects your rights and strengthens your position. Here’s what you need to know about moving forward.
💡 Pro Tip: Don’t sign anything from your insurance company without legal review – even seemingly innocent forms can waive important rights or limit your recovery.
In Texas, successful bad faith claims can result in actual damages (your original claim amount), statutory penalties up to three times the actual damages, court costs, and reasonable attorney fees. You may also recover damages for mental anguish if the insurer’s conduct was particularly egregious, and interest on the unpaid claim amount.
Generally, you have two years from the date of the bad faith conduct to file a lawsuit under the Texas Insurance Code, specifically under Section 541.162, although breach of contract claims may have a four-year statute of limitations. However, some claims may have shorter deadlines depending on your policy language or if you’re pursuing claims under the Deceptive Trade Practices Act. Contact a Texas denied insurance claims attorney immediately to ensure you don’t miss critical deadlines.
Yes, accepting a partial payment doesn’t necessarily waive your right to pursue bad faith claims for the underpaid portion. However, be cautious about signing any settlement agreements or releases. Insurance companies often include broad release language that could prevent future claims. Always have a Houston property damage lawyer review any documents before signing.
Key evidence includes your complete claim file from the insurance company (which you can request), all correspondence showing delays or misrepresentations, expert reports contradicting the insurer’s position, documentation of similar claims that were paid, and records showing the insurer failed to properly investigate. Your denied insurance claims lawyer Texas can help identify and preserve crucial evidence.
Yes, continue paying your premiums to keep your policy active unless your attorney advises otherwise. Stopping payment could give the insurer grounds to cancel your policy, potentially complicating your bad faith claim. Document your continued payments as evidence of your good faith while the insurer acts in bad faith.
When your insurance company denies your valid claim or employs bad faith tactics, you need experienced legal representation who understands both Texas insurance law and the challenges facing Houston homeowners. The right attorney will thoroughly investigate your claim, identify all instances of bad faith conduct, and aggressively pursue the full compensation you deserve. Insurance companies have teams of lawyers protecting their interests – you deserve equally strong representation. Taking action now protects your home and financial future while holding insurance companies accountable.
When your insurer’s promises go up in smoke, it’s time to rally the troops. Reach out to Fitts Law Firm, PLLC to champion your rights and turn things around. Give us a ring at 713-871-1670 or contact us to seize control of your situation today.
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