Property Insurance Claim Denial Guide – Irving, Texas

Introduction: Why Irving Homeowners Need a Texas-Specific Guide

Irving, Texas sits in the heart of storm-prone North Texas. According to Texas Department of Insurance (TDI) catastrophe data, Dallas County repeatedly ranks among the state’s top counties for hail and windstorm losses. In 2023 alone, multiple hailstorms with stones larger than 1.5 inches were logged within the 75038 and 75063 ZIP codes. Local homeowners therefore purchase property insurance—often called a “homeowners policy”—to guard against roof, window, and interior water damage. Yet insurers sometimes deny, delay, or underpay these claims. This guide explains, in plain English, what Irving policyholders can do under Texas insurance law when a claim is denied. Every statement below is grounded in authoritative Texas statutes, regulations, or published court opinions, so you can make informed decisions.

Understanding Your Rights in Texas

1. The Homeowner–Insurer Contract

Your insurance policy is a legally binding contract governed by Texas common law and the Texas Insurance Code. Under Texas law, both parties must comply with the policy terms. If you meet your post-loss duties—such as giving prompt notice and protecting the property from further damage—the insurer must, in turn, investigate and pay covered losses.

2. Key Statutory Protections

• Texas Insurance Code Chapter 541: Prohibits unfair or deceptive acts or practices by insurers. A policyholder who proves a violation may recover actual damages and, when appropriate, treble (triple) damages.
• Texas Insurance Code Chapter 542 (Prompt Payment of Claims Act): Requires insurers to acknowledge, investigate, and either pay or deny claims within strict timelines. Failure can trigger 18% annual interest plus attorney’s fees.
• Texas Insurance Code Chapter 542A: Adds notice requirements and venue rules for weather-related property damage claims, including many hail and wind losses common in Irving.

3. Statute of Limitations

In Texas, breach-of-contract lawsuits generally must be filed within four years from the date of breach (Tex. Civ. Prac. & Rem. Code §16.004). Extra-contractual claims under Chapter 541 or the Texas Deceptive Trade Practices Act (DTPA) must usually be filed within two years of the unfair act or discovery of it, whichever is later (Tex. Ins. Code §541.162).

Common Reasons Property Insurance Companies Deny Claims in Texas

Insurers can legitimately deny coverage when an exclusion or endorsement applies, but denials must be grounded in the policy and Texas law. In Irving practice, the following rationales surface most often:

• Late Notice – The insurer alleges you waited too long to report a hail or wind loss. Texas courts evaluate whether the insurer was actually prejudiced by late notice (see PAJ, Inc. v. Hanover Ins. Co., 243 S.W.3d 630, Tex. 2008).
• Pre-Existing Damage – Adjusters claim damage pre-dated the policy period, especially on older roofs. You may counter with inspection reports, photographs, or contractor affidavits.
• Wear and Tear Exclusion – Most Texas policies exclude gradual deterioration. Distinguishing sudden, recent hail impact from normal aging is critical.
• Cosmetic Damage Exclusion – Some policies issued after 2017 contain endorsements excluding purely cosmetic roof dents. Read your declarations page carefully.
• Failure to Mitigate – If you do not tarp a damaged roof or remove wet drywall, the insurer may deny ensuing mold or interior damages.
• Coverage Lapse – Non-payment of premium can void coverage, but the insurer must provide statutory notice of cancellation under Tex. Ins. Code §551.053.

Texas Legal Protections & Regulations

A. Prompt Payment Deadlines (Tex. Ins. Code §542.055 – §542.058)

• 15 Business Days to acknowledge the claim and request information.
• 15 Business Days after receiving all information to accept or deny.
• 5 Business Days after acceptance to pay.

Failure triggers 18% interest and reasonable attorney’s fees (see Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806, Tex. 2019).

B. Unfair Settlement Practices (Tex. Ins. Code §541.060)

Texas insurers may not:

• Misrepresent policy provisions.
• Fail to attempt a prompt, fair, and equitable settlement.
• Deny claims without a reasonable investigation.
• Compel litigation by offering substantially less than fair value.

C. Weather-Related Claim Notice (Tex. Ins. Code §542A.003)

Before filing suit over weather damage, the homeowner must send a detailed pre-suit notice at least 60 days before filing. The notice must state the amount of damages, attorney’s fees, and the specific acts complained of. This applies to most hail, tornado, or wind claims in Irving.

D. Attorney Licensing in Texas

A lawyer representing you in a Texas property insurance dispute must be licensed by the State Bar of Texas or admitted pro hac vice under Texas Rule of Civil Procedure 19a.

Steps to Take After a Denial in Texas

1. Review the Denial Letter Line-by-Line

Under Tex. Ins. Code §542.056(c), the insurer must provide the “specific policy language” relied upon. Compare the cited exclusion with the facts of your loss.

2. Collect Supporting Evidence

• Photos or videos taken immediately after the loss.
• Weather reports (e.g., National Weather Service hail swath for Irving on the date of loss).
• Roofing or construction estimates.
• Prior inspection or maintenance records.

3. Request a Certified Copy of Your Policy

You are entitled to it. Verify endorsements and deductibles (wind/hail deductibles in Texas often differ from all-peril deductibles).

4. Demand a Second, In-Person Inspection

Under Texas Department of Insurance Bulletin B-0045-93, insurers must arrange reasonable inspections. Virtual inspections may miss hidden damage.

5. File an Internal Appeal or Reopen the Claim

Many carriers allow supplemental claims. Provide new evidence and insist on a written response.

6. Complain to the Texas Department of Insurance

TDI investigates written complaints and can levy administrative fines. The process:

• Complete the online form at the TDI Help Center or mail Form 206.
• Attach the denial letter, policy number, and all correspondence.
• TDI typically contacts the insurer within 10–15 business days.

More detail is available at TDI’s Consumer Complaint Page.### 7. Consider Appraisal if Offered in Your Policy

Most Texas homeowners policies contain an appraisal clause. The policyholder and insurer each select an appraiser; the two appraisers pick an umpire. The panel sets the amount of loss but not coverage issues. The Texas Supreme Court enforces appraisal awards absent fraud (State Farm Lloyds v. Johnson, 290 S.W.3d 886, Tex. 2009).

8. Preserve Limitations Deadlines

If the denial letter shortens the contractual limitation period (some policies use two years and one day), calendar that date immediately.

When to Seek Legal Help in Texas

While many disputes resolve through supplemental claims or appraisal, you should consult a Texas attorney experienced in property insurance when:

• The insurer alleges fraud or intentional misrepresentation.
• Your total damages exceed $25,000 and you face an impending limitations deadline.
• The insurer refuses to participate in appraisal or violates the Prompt Payment Act.
• You receive a “reservation of rights” letter raising complex coverage issues.

Texas allows recovery of attorney’s fees under Tex. Civ. Prac. & Rem. Code §38.001 (contract) and Tex. Ins. Code §542.060 (prompt payment), easing the cost barrier for homeowners.

Local Resources & Next Steps for Irving Homeowners

1. Texas Department of Insurance Help Line

Phone: 800-252-3439 (8 a.m.–5 p.m. Central). TDI staff can explain timelines and accept complaints.

2. City of Irving Building Inspections

Before repairs, you may need a permit, especially for roof replacement. Contact the City of Irving Inspections Department at 972-721-2371.

3. Better Business Bureau Serving North Central Texas

Filing a complaint sometimes prompts insurer responsiveness.

4. Severe Storm Data Sources

Download certified storm reports for your loss date from the NOAA Storm Events Database. These can rebut “no storm” denials.### 5. Court Locations

If litigation is unavoidable, most Irving lawsuits are filed in the 191st District Court (Dallas County) or federal court (Northern District of Texas, Dallas Division).

Frequently Asked Questions

How long does my insurer have to pay my Irving hail claim?

Under Tex. Ins. Code §542.058, payment must issue within five business days after the insurer notifies you that it will pay, provided you have satisfied any conditions (such as submitting a signed proof of loss).

Can I choose my own contractor?

Yes. Texas law generally prohibits insurers from requiring you to use a specific contractor. See Tex. Ins. Code §707.004.

Does filing a TDI complaint toll (pause) my statute of limitations?

No. A TDI complaint does not extend legal deadlines. File suit promptly if time is short.

What if the insurer says my roof is “cosmetic damage” only?

Check whether a cosmetic damage exclusion endorsement is attached to your policy and whether you signed for it. Many standard Texas HO-B forms issued before 2017 contained no such exclusion.

Conclusion

Property insurance claim denial disputes in Irving often center on hail, wind, and water damage. Texas statutes—especially Chapters 541, 542, and 542A of the Insurance Code—give homeowners powerful tools to challenge unfair denials. By acting promptly, documenting damage, and invoking your statutory rights, you can level the playing field against well-funded insurance carriers.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change. Consult a licensed Texas attorney for advice about your specific situation.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.