You paid your premiums so you would be protected when something went wrong. When an insurance company denies, delays, or underpays a valid claim, Texas law gives you ways to push back. The Daspit Law Firm helps Galveston County homeowners, drivers, and business owners recover the insurance benefits they are owed. Consultations are free, and on most claims you pay no fee unless we win.
Our founding attorney spent years working for insurance companies before switching sides. He knows how claims are evaluated from the inside. Call (281) 748-2044 any time to talk with our team.
• Hurricane, windstorm, and hail damage claims for homes and rental properties on the island
• Flood, plumbing leak, mold, and fire claims
• Commercial property and business interruption claims for local shops, restaurants, and hotels
• Uninsured and underinsured motorist (UM/UIM) claims after Galveston car accidents
• Personal injury protection (PIP) claims that are delayed or cut off
• Rideshare insurance disputes after Uber and Lyft accidents
• Property damage from pollution or chemical releases, which may also involve property contamination claims
Few places in Texas know storm damage like Galveston. After Hurricane Ike in 2008, thousands of island property owners spent months or years fighting over wind versus water damage. Those same disputes come up after every major storm.
Coverage on the coast is often split. Many homeowners policies here exclude wind, so windstorm coverage may come from the Texas Windstorm Insurance Association (TWIA), while flood damage is usually covered only by a separate flood policy, often through the National Flood Insurance Program. Each has its own claim and dispute deadlines. TWIA claims, for example, generally must be filed within one year of the damage, and its dispute rules under Insurance Code Chapter 2210 are stricter than many policyholders expect.
• Denying a claim without a clear, written explanation based on the policy
• Offering far less than repair estimates or medical bills support
• Ignoring calls, emails, or requests for status updates
• Asking for the same documents over and over to delay a decision
• Blaming damage on an excluded cause, such as flood, without a real inspection
• Pressuring you to accept a quick settlement or sign a release
Chapter 542 of the Texas Insurance Code sets deadlines for handling first-party claims. Generally, an insurer must acknowledge your claim and start its investigation within 15 days, accept or reject it within 15 business days after receiving all requested information, and pay within five business days after approving it. An insurer that violates these rules may owe statutory interest and attorney's fees.
Chapter 541 prohibits unfair claim practices, such as misrepresenting what a policy covers or failing to attempt a prompt, fair settlement once liability is reasonably clear. When a violation is committed knowingly, a court may award up to three times actual damages. Texas courts also recognize a common-law duty of good faith and fair dealing that insurers owe their own policyholders.
For hurricane, wind, and hail claims, Chapter 542A generally requires written notice to the insurer at least 61 days before a lawsuit is filed. The notice must describe the dispute and the amount claimed. Getting this step right protects your ability to recover attorney's fees later.
Texas auto policies must include UM/UIM and at least $2,500 in PIP coverage unless you rejected them in writing. Those benefits come from your own insurer, which means it owes you a duty to handle the claim fairly. If another driver caused your crash, keep in mind that Texas generally does not let you sue that driver's insurer directly for bad faith, so your claim is usually made against the driver.
• Ask for the denial or payment decision in writing, with the policy language relied on
• Get a full copy of your policy, including endorsements and declarations
• Document the damage with photos, video, receipts, and independent estimates
• Keep a log of every call, email, and adjuster visit
• Mitigate further damage, such as covering a roof, and save those receipts
• File a complaint with the Texas Department of Insurance if the insurer stops responding
• Talk with an insurance claim attorney before deadlines or limitation clauses run
John Daspit began his career as an insurance defense lawyer. He has seen how adjusters and company lawyers decide which claims to pay and which to fight. Today he uses that knowledge for policyholders. For business owners with larger coverage disputes, our commercial litigation practice can step in. We offer free consultations 24/7, home visits, and service in English and Spanish.
An unfair denial does not have to be the last word. Call (281) 748-2044 or schedule a free claim review. We help property owners and accident victims throughout Galveston and nearby communities.
Start by asking for the denial in writing and reviewing the exact policy language the insurer relied on. You can request reconsideration, submit more evidence, invoke appraisal if your policy allows it, or file a complaint with the Texas Department of Insurance. If the denial was unreasonable, you may have claims under the Texas Insurance Code.
Under the Prompt Payment of Claims Act, an insurer generally must accept or reject a claim within 15 business days after receiving all the information it requested, and pay within five business days after approval. It can extend the decision deadline in some cases by giving notice. Late payment can trigger interest and attorney's fees.
Insurance bad faith generally means an insurer failed to treat its own policyholder fairly, for example by denying or delaying payment when coverage was reasonably clear. In Texas, bad faith claims usually arise from the common-law duty of good faith and fair dealing and from Chapter 541 of the Insurance Code. Damages can exceed the original claim amount.
Not without careful review. First offers are often based on a quick inspection or incomplete records, and accepting may close the claim for good. Compare the offer to independent repair estimates, medical bills, and your policy limits. An attorney can review the offer and tell you whether it fairly reflects what you are owed.
At The Daspit Law Firm, consultations are free. Most insurance recovery and injury cases are handled on a contingency fee, which means our fee comes from the money we recover and you owe no attorney fee if we do not win. We explain the fee arrangement in writing before you decide to hire us.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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