Property Insurance Claim Guide for Garland, Texas

Introduction: Why Garland Homeowners Need This Guide

Garland, Texas is no stranger to powerful spring hailstorms, straight-line winds, and the occasional tornado spawned along the Interstate 30 corridor. According to National Weather Service data, Dallas County (which includes most of Garland) routinely ranks among the top counties in Texas for severe-weather and hail reports. That reality makes property insurance an essential safety net for Garland homeowners. Yet many policyholders find themselves facing a property insurance claim denial Garland Texas at the very moment they need coverage most. This comprehensive, Texas-specific guide explains why denials happen, the state laws that protect you, and the precise steps to contest a wrongful decision—all with a slight but unwavering bias toward protecting policyholders’ rights.

1. Understanding Your Property Insurance Rights in Texas

1.1 Rights Granted by Statute

Texas law provides a strong framework of consumer protections for residential policyholders:

• Prompt Payment of Claims Act (Texas Insurance Code Chapter 542) – Insurers must acknowledge, investigate, and pay or deny claims within firm deadlines (generally 15 days to acknowledge, 15 business days to accept or reject after receiving all requested items, and 5 business days to issue payment once liability is accepted).
• Texas Deceptive Trade Practices Act (DTPA) & Insurance Code Chapter 541 – Prohibits unfair settlement practices such as misrepresenting policy language or offering unreasonably low settlements.
• Texas Insurance Code Chapter 542A – Establishes pre-suit notice requirements and allows policyholders to recover attorney’s fees and interest when insurers violate the Act.

1.2 The Texas Homeowner Bill of Rights

The Texas Department of Insurance (TDI) publishes a non-binding but persuasive “Homeowner Bill of Rights” that reminds policyholders they have the right to:

• Receive a complete and readable policy
• Cancel the policy within 14 days of purchase for a full refund (if no claims filed)
• Receive timely notice if the insurer plans to reduce or cancel coverage
• Be treated fairly and honestly in the claims process

1.3 Statute of Limitations in Texas

Most first-party contract actions against an insurer must be filed within four years of the date the cause of action accrues (Tex. Civ. Prac. & Rem. Code §16.004). Policies may shorten this period to no less than two years and one day under Texas Insurance Code § 554.005. Always check the Suit Against Us clause in your policy.

2. Common Reasons Property Insurance Companies Deny Claims in Texas

While every denial letter should cite specific policy language, Garland homeowners routinely encounter the following explanations:

• Pre-Existing Damage – Insurer alleges the roof or structure deteriorated before the storm. They rely on underwriting photos, inspection records, and satellite imagery.
• Excluded Peril – Damage caused by flood, earth movement, mold, or faulty workmanship is typically excluded unless riders are purchased.
• Late Notice of Loss – Policies require “prompt” notice. Insurers argue delays hinder their investigation, especially with hail losses that become less visible over time.
• Insufficient Damage Below Deductible – Texas now allows percentage-based wind/hail deductibles. Even moderate hail impacts may fall below a 1% or 2% deductible tied to the dwelling limit.
• Wear and Tear – Carriers often blame shingle granule loss, minor leaks, or cracking on age rather than the storm.

Importantly, these reasons are not the final word. Texas courts have repeatedly held that ambiguous policy language must be interpreted in favor of the insured. (See Nautilus Ins. Co. v. Country Oaks Apartments Ltd., 566 S.W.3d 660 (Tex. 2018)).

3. Texas Legal Protections & Insurance Regulations

3.1 Prompt Payment Deadlines and Penalties

If an insurer violates Chapter 542, it may owe the policyholder:

• Statutory interest of 18% per year on the amount owed
• Reasonable attorney’s fees

Because 18% far exceeds most market rates, the penalty creates strong leverage in settlement negotiations.

3.2 Bad-Faith Standards

Under Arnold v. National County Mutual Fire Ins. Co., 725 S.W.2d 165 (Tex. 1987), and its progeny, an insurer acts in bad faith when it denies or delays a claim without a reasonable basis. Evidence of bad faith in Garland courts may include:

• Ignoring photographs or contractor estimates supplied by the homeowner
• Using “captive” engineers who routinely find no storm damage
• Failing to re-inspect after the policyholder presents new information

3.3 Appraisal vs. Litigation

Most Texas policies contain an appraisal clause—a form of binding dispute resolution limited to pricing or scope of damage. Either party may demand appraisal; however, issues of coverage or bad faith remain for the courts. An experienced Texas attorney can advise whether invoking appraisal will help or hurt your case.

3.4 Licensing of Public Adjusters and Attorneys

Public adjusters must hold a Texas license under Texas Insurance Code Chapter 4102. Attorneys must be licensed by the State Bar of Texas and may not directly solicit clients within 30 days of a disaster (Tex. Disc. R. Prof. Cond. Rule 7.03). Verify any professional you hire.

4. Steps to Take After a Property Insurance Claim Denial in Texas

4.1 Request a Complete Claim File

Under Tex. Ins. Code § 542.006, you may request a copy of all adjuster notes, photographs, and third-party reports relied upon in the denial. Carriers have 15 business days to comply after receiving your written request.

4.2 Document Everything

• Photograph hail splatter marks, shingle bruising, damaged HVAC fins, and interior leaks.
• Keep receipts for temporary repairs (e.g., tarping). Reasonable mitigation costs are reimbursable.
• Create a timeline of phone calls and emails with the insurer.

4.3 Secure an Independent Inspection

Hire a licensed Texas roofer, structural engineer, or public adjuster to prepare an unbiased damage estimate that contrasts with the insurer’s findings.

4.4 File a Formal Written Appeal

Texas law does not require an internal appeals process, but many carriers will re-evaluate upon receiving new evidence. Always cite the specific policy provisions that support coverage.

4.5 Complain to the Texas Department of Insurance

The TDI Consumer Protection division will forward your complaint to the insurer, which must respond within 15 days. Although TDI cannot force payment, its involvement often triggers a more thorough re-examination.

Submit online: TDI Complaint Portal### 4.6 Send Statutory Notice of Claim (Chapter 542A)

Before filing a lawsuit, you must serve a detailed pre-suit notice describing:

• The legal basis for the claim
• The amount of damages, attorney’s fees, and interest sought
• Supporting estimates and photographs

Failure to send proper notice may limit your recovery of attorney’s fees.

5. When to Seek Legal Help in Texas

Consider hiring counsel when:

• Your deductible is so high that only a partial roof replacement was offered.
• The insurer hires “peer review” engineers who never set foot on your property.
• You suspect Chapter 542 prompt-payment violations.
• You have received a low-ball offer after appraisal or the carrier refuses to pay the award.

A knowledgeable Texas policyholder attorney can:

• Draft the statutory pre-suit notice
• Preserve bad-faith claims beyond simple breach of contract
• Negotiate interest, attorney’s fees, and damages
• File suit in Dallas County District Court or federal court (Northern District of Texas) if diversity jurisdiction applies

6. Local Resources & Next Steps for Garland Homeowners

6.1 Building Codes & Permitting

Garland’s Building Inspection Department enforces the 2018 International Residential Code with local amendments requiring ice-water shield on low-slope roofs and permits for roof replacements over 100 sq ft. Keep permits and final inspection reports; insurers often ask for proof of code compliance when calculating replacement cost value.

6.2 Severe Weather Data

Consult NOAA’s Storm Events Database for Dallas County hail size, wind speeds, and tornado tracks on the date of loss. This objective data helps rebut claims of “no storm in the area.”

6.3 TDI Help Line

Call 1-800-252-3439 for questions about policy language, claim timelines, or to verify an adjuster’s license.

6.4 Reputable External Resources

Texas Department of Insurance – Consumer HelpTexas Insurance Code OnlineHomeowner Bill of Rights (PDF)National Weather Service Fort Worth – Severe Weather Stats

Disclaimer

This guide provides general information for Garland, Texas homeowners. It is not legal advice. Always consult a licensed Texas attorney 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.