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Most Houston storm claims are settled without anyone going to court. When a homeowner and insurer can’t agree on a hail, wind, or hurricane claim, though, Texas law adds a required step before a lawsuit can be filed. It comes from Chapter 542A of the Texas Insurance Code (House Bill 1774, 2017).
Your Questions About the 61-Day Rule
Which claims does it apply to?
Chapter 542A covers first-party property claims for damage caused wholly or partly by forces of nature, such as hurricanes, wind, hail, tornadoes, lightning, and rainstorms.
What does the rule actually require?
At least 61 days before filing a lawsuit, the homeowner must send the insurer written notice. That notice generally describes the acts or omissions behind the dispute, states the amount the homeowner believes is owed, and lists any attorney’s fees incurred so far. Courts have applied these technical requirements strictly.
What happens after the notice is sent?
Within 30 days of receiving it, the insurer may ask to inspect, photograph, or evaluate the property. That inspection is supposed to happen within the 60-day window when reasonably possible.
What if the notice is skipped?
If a lawsuit is filed without proper notice, or without allowing a reasonable inspection, the insurer can ask the court to pause the case until the requirements are met. Missing the notice can also limit recoverable attorney’s fees.
Are there exceptions?
The statute allows for situations where notice is impracticable, such as a deadline to file suit that is about to expire. An attorney should evaluate that question.
Starting With the Right Coverage
The best way to avoid a claim dispute is to understand your policy before the next storm. Our post on hurricane wind and flood damage explains how those two risks are handled.
Avalon Insurance Agency, LLC in Houston, TX can walk through your home insurance and help you understand the claim process. If a disagreement escalates, a Texas insurance attorney or licensed public adjuster can advise on next steps. Homeowners across Houston, TX can reach out to Avalon Insurance Agency, LLC with questions.