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Texas Freeze Claims - Notice is Required

Posted by Cody Moore | Jun 09, 2021 | 0 Comments

Who can forget the big Freeze of 2021? I know we won't be forgetting it anytime soon. And if you are like many of our clients, you are still dealing with the aftermath of the catastrophic storm. Typically, our clients suffered severe damage to their homes and properties thanks to frozen pipes bursting causing massive water damage.

However, like many of our clients, you may also have experienced another freeze - a freeze out by your insurance company. You may have filed a claim with your insurance carrier only to have been either denied coverage or significantly undervalued. When this occurs, insurance carriers know that time is on their side. Namely, under the law, you are required to give a 60-day notice to the insurance carrier before you can take your case to law.

Specifically, Section 542A of the Texas Insurance Code became effective on September 1, 2017, and provides the notice requirements to be given to an insurer prior to the bringing of a claim related to certain property damage. Pursuant to § 542A.003(a) . . . [N]ot later than the 61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person in accordance with this section as a prerequisite to filing the action.

You may be thinking 'an attorney is going to cost me way more than just fixing the problem myself'. Fortunately, Texas law allows for the recovery of attorney's fees from the defendants themselves.

If you have been denied a claim or your claim has been undervalued, give us a call and we will fight for what is rightfully yours - satisfaction under the contract with your insurance carrier.

About the Author

Cody Moore

Cody Moore became a commercial beekeeper in 1992. In 2003, Cody moved to Fort Bend County to start his own business: Bayou City Bees Honey Company and Bee Removal Services. Unfortunately, his bees were lost to colony collapse disorder so Cody went to law school. Since passing th...


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