Update to this message: The following information should be distributed :
Unfortunately, there is a lot of misinformation about HB 1774 which made important changes with regard to claims made on property casualty insurance companies for weather related damage. The bill is effective September 1, 2017. The bill does not apply to FEMA, a federal insurance program that provides flood damage coverage. The bill does apply to other insurance companies providing property casualty coverage weather related damage claims. If you have experienced property damage and are planning to file a claim, you file notice of claim as soon as possible and by Friday, September 1, 2017 to proceed under current law. For more information, contact me or your attorney. Thank you.
Gloria Leal Attorney at Law & Consultant 3600C Las Colinas Austin, Texas 78731 (512) 426-1568 GLealLaw@sbcglobal.net
"...because of uncertainty in the new law, the trial lawyers association is urging everyone to be safe rather than sorry, and file a notice with their insurance carrier before Friday." |
| PHOTO BY JOE RAEDLE/GETTY IMAGES |
A new insurance law taking effect
lowers the penalty on insurance companies for slow storm damage payments.
A Jetski is used to help people evacuate homes
after the area was inundated with flooding from Hurricane Harvey on August 27,
2017 in Houston. Harvey, which made landfall north of Corpus Christi late
Friday evening, is expected to dump upwards to 40 inches of rain in Texas over
the next couple of days.
Editor’s
note: This story has been updated for clarity.
If
your home or business has damage from Hurricane Harvey, you should notify your
insurance company—in writing—that you intend to file a claim before a new law
takes effect on Friday, according to the Texas Trial Lawyers Association. Even
though the hurricane occurred before the law took effect, a claim filed on
Friday or after will likely be covered by a new law that seeks to reduce frivolous insurance lawsuits.
On
Friday, the penalty for an insurance company that doesn’t promptly pay a claim
as a result of a lawsuit will be determined by a market-based formula that is
currently at 10 percent. The former penalty was 18 percent. The new law also
gives lawsuit immunity to insurance adjusters who low-ball a claim.
Texas
property owners should be aware that House Bill 1774, passed by the 85th Texas
Legislature, will change the law regarding how legal actions for certain
insurance claims are handled, including some claims for property damages or
losses caused by natural disasters. If you need to make an insurance claim
related to Hurricane Harvey, you should study how the law may affect you.
Claims made before September 1, 2017, will be subject to current law; those
filed on or after September 1 will fall under the new law.
Texas
Trial Lawyers Association spokesman Alex Winslow said the notice of a claim can
be filed directly on an insurance company’s web site, by fax or certified mail,
but it is best done in writing and with the policy holder retaining a copy of
the filing. Winslow said the claim does not need to say anything more than that
the policy holder suffered damage from Hurricane Harvey and intends to file a
claim. The notice should contain the name and contact information of the policy
holder and, if possible, the insurance policy number.
Winslow
said the new law may not affect federal flood insurance or windstorm policies
held on the coast by the Texas Windstorm Insurance Association, a state-run
consortium that provides hurricane coverage on the immediate coast. But Winslow
said that because of uncertainty in the new law, the trial lawyers association
is urging everyone to be safe rather than sorry, and file a notice with their
insurance carrier before Friday.
Still,
this new law won’t affect the bulk of policy holders. As the Texas Tribune
notes, most homeowners’ policies don’t cover flooding in Texas. And the ones
that do are usually through National Flood Insurance Program, which is not
subject to state regulations.
