A new property litigation law goes into effect in Texas on Sept. 1. Its impact has been exaggerated. (If you read the entire story at this link, you will see that it debunks its own headline.)
If you will be filing a homeowners insurance claim, here is what you need to know:
Under the new property litigation law:
- The claims process for filing a claim for an insurer to handle a claim has not changed.
- Consumers still have all legal remedies available under the consumer protection laws in the event an insurer engages in bad faith conduct.
- The Texas Department of Insurance is available to handle any complaints about insurers.
- The new law does not take away any right to sue and does not diminish any cause of action that a person has against an insurance company. HB 1774 does, however, require notice before a lawsuit is filed.
- The pre lawsuit notice is effective for all “actions filed on and after the effective date, which is September 1, 2017.” Any lawsuit filed after September 1, 2017, would be governed by the new law.
Texans should contact their insurance companies directly to file claims, work with your adjuster to identify all damages and coverages, and resolve your claim quickly.