Texas Roof Insurance Claims
Texas operates two distinct claim-handling regimes for wind and hail. Inland homeowners insured by standard admitted carriers fall under Chapter 542A (HB 1774, effective September 1, 2017), which imposes a 61-day pre-suit written notice requirement before filing suit and a variable penalty rate tied to the Finance Code judgment rate plus five percent, rather than the 18% default, if the insurer pays late. Policyholders in the 14 designated TWIA coastal counties are subject to the same Chapter 542 Subchapter B deadlines but are excluded from Chapter 542A entirely - they carry no pre-suit notice obligation but face the 18% default penalty rate on any late payment rather than the Finance Code variable rate. Understanding which regime applies is the most consequential thing a Texas policyholder can know before disputing a claim.
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TL;DR
Texas insurers must acknowledge a claim within 15 days, accept or deny within 15 business days of receiving required items, and pay within 5 business days of acceptance (Tex. Ins. Code §§542.055-542.057). Late payment carries 18% interest for TWIA policyholders, or the Finance Code judgment rate plus 5% for inland Chapter 542A claims, which require 61 days' pre-suit notice.
Wind and hail deductible
Many coastal and storm-prone states require a separate wind or hail deductible, often expressed as a percentage of dwelling coverage rather than a flat dollar amount. This is separate from your all-perils deductible and typically larger.
| Mandatory separate wind/hail deductible | Not required by Texas law in the voluntary (inland) market. Whether a separate wind/hail percentage deductible applies is entirely carrier-driven - carriers file endorsements with TDI. Mortgage lenders may independently require windstorm coverage. Verified against: tdi.texas.gov/tips/what-is-windstorm-insurance.html |
| Typical range | TWIA (coastal mandatory market): $100, $250, or 1%, 1.5%, 2%, 2.5%, 3%, 4%, or 5% of insured value, per TWIA manual rules. Inland voluntary market: flat dollar or percentage per carrier endorsement - no primary source confirms a typical range; varies by carrier. |
| Applies to | Two distinct regimes. (1) Inland Texas: wind and hail coverage is typically included in the base HO-3 policy; a separate wind/hail percentage deductible may appear via carrier endorsement. (2) TWIA territory: in the 14 designated coastal counties - Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, Willacy - plus parts of Harris County east of Highway 146, admitted carriers commonly exclude wind and hail from homeowners policies; separate TWIA coverage is required. TDI note (verified): a percentage deductible applies to the insured value of the home, not the claim amount - e.g. a 5% deductible on a $150,000 home equals $7,500, so a $6,500 roof claim pays nothing. Source: tdi.texas.gov/tips/deductibles.html |
HB 1774 (2017) added Chapter 542A to the Texas Insurance Code, effective September 1, 2017. Key inland provision: policyholders must give the insurer written pre-suit notice at least 61 days before filing suit, stating the specific amount claimed (Tex. Ins. Code §542A.003). TWIA CARVE-OUT (verified against statute text): Chapter 542A explicitly excludes TWIA. §542A.001(4) defines 'insurer' to exclude TWIA by name. §542A.002(b) states: 'This chapter does not apply to an action against the Texas Windstorm Insurance Association.' TWIA-specific deadlines (verified: tdi.texas.gov): claims must be filed within one year of the storm; policyholders have 60 days from TWIA's acceptance of the claim to dispute the amount and demand appraisal. Sources: statutes.capitol.texas.gov - Tex. Ins. Code §542A.001(4) and §542A.002(b).
Prompt payment law
State prompt payment statutes set deadlines for how quickly an insurer must acknowledge, accept or deny, and pay a claim. Missing these deadlines can entitle you to penalty interest.
| Acknowledge claim within | 15 calendar days (30 business days for eligible surplus lines insurers). Insurer must acknowledge receipt, commence investigation, and request all items it reasonably believes will be required. Statute: Tex. Ins. Code §542.055. Verified by site owner against statutes.capitol.texas.gov. |
| Accept or deny within | 15 business days after receiving all required items. Extended to 30 days if arson is suspected. If unable to decide within that period, insurer must notify claimant of the reasons - it then has until the 45th day after that notice to accept or reject. Statute: Tex. Ins. Code §542.056 and §542.056(d). Verified by site owner against statutes.capitol.texas.gov. |
| Pay approved claim within | 5 business days after notifying claimant of acceptance. If payment is conditioned on an act by the claimant (e.g. completing repairs), 5 business days after that act. Eligible surplus lines insurers: 20 business days. Statute: Tex. Ins. Code §542.057. Verified by site owner against statutes.capitol.texas.gov. |
| Storm/catastrophe extension | All Subchapter B deadlines (acknowledge, accept/deny, pay) are extended by 15 days when the commissioner declares a weather-related catastrophe or major natural disaster. Since most roof claims follow storms, this extension may apply to all three deadlines. Statute: Tex. Ins. Code §542.059(b). Verified by site owner against statutes.capitol.texas.gov. |
| Late-payment penalty | Two-tier, verified against statute text. Default (§542.060(a)): 18% per annum on the claim amount plus attorney's fees - applies to all Subchapter B violations not covered by §542.060(c). Exception (§542.060(c)): in actions to which Chapter 542A applies, simple interest at Finance Code §304.003 judgment rate plus 5 percentage points, accruing from the date payment was required, plus attorney's fees. TWIA RATE: confirmed against the full Chapter 542 text - TWIA does not appear in §542.051 (definitions), §542.052 (applicability), or §542.053 (exceptions). TWIA is therefore inside Subchapter B but outside Chapter 542A, so the 18% default applies to TWIA late payments while inland 542A claims carry the variable rate under §542.060(c) - Finance Code §304.003 judgment rate plus five percent. Statutes: Tex. Ins. Code §542.060(a) and (c). Verified by site owner against statutes.capitol.texas.gov. |
Source: Tex. Ins. Code Chapter 542, Subchapter B: §542.055, §542.056, §542.056(d), §542.057, §542.059(b), §542.060(a) and (c). All sections verified by site owner against statutes.capitol.texas.gov.
Inland vs TWIA: a genuine trade-off
TWIA and inland policyholders face opposite trade-offs under Chapter 542 and Chapter 542A. Inland policyholders (inside Chapter 542A): must give the insurer 61 days' written pre-suit notice before filing suit - a procedural step that delays litigation but gives the insurer a structured window to resolve the dispute short of court. If the insurer is still late to pay, the variable penalty rate under §542.060(c) applies - Finance Code §304.003 judgment rate plus five percent. TWIA policyholders (outside Chapter 542A): no 61-day pre-suit notice is required, and a policyholder can proceed to court sooner. But if TWIA pays late, the full 18% default penalty rate applies rather than the Finance Code variable rate. Both features of Chapter 542A travel together: the notice requirement and the variable rate exception are part of the same chapter, and TWIA is excluded from all of it. Whether the trade-off favours TWIA or inland policyholders depends on whether the dispute is likely to settle before suit or require litigation.
Recoverable depreciation
Most states allow carriers to withhold depreciation until repairs are complete (the standard RCV structure). Some states restrict this or give policyholders additional recourse.
No Texas statute identified. No primary source confirming a Texas-specific rule on ACV roof endorsement disclosure or recoverable depreciation has been located. This field will remain empty until a primary source is confirmed.
Anti-concurrent causation clause
ACC clauses exclude coverage when an excluded peril (e.g. flooding) contributes to a loss alongside a covered peril (e.g. wind). Some states restrict ACC clauses or require carriers to apportion covered vs excluded damage.
VERIFY - Secondary sources cite JAW The Pointe LLC v. Lexington Ins. Co. (Tex. 2015, No. 13-0767) as authority on anti-concurrent-causation clause enforceability in Texas, but the opinion has not been read from a primary source. Per CLAUDE.md Rule 11, no description of the case's holding will be published until the opinion has actually been retrieved and read from txcourts.gov or an official reporter.
Source: JAW The Pointe LLC v. Lexington Ins. Co., No. 13-0767 (Tex. 2015) - opinion not yet read from a primary source; identified only through secondary sources so far.
Where to get help
If you believe your claim was handled improperly, file a complaint with the state consumer regulator. Complaints are free, create a paper trail, and sometimes prompt carriers to reconsider a decision.
| Regulator | Texas Department of Insurance |
| Website | https://www.tdi.texas.gov/ |
| File a complaint | https://www.tdi.texas.gov/consumer/homeowners-renters-insurance-complaint.html |