Texas Insurance Code · Chapter 542

Paid late?Enforce Intereston every day of delay.

Texas gives insurers a deadline to pay covered property claims. When they miss it, §542.060 adds statutory interest — 18% a year on most claims. Enforce Interest rebuilds your claim timeline, calculates what the delay is worth and presents it to the carrier. Most policyholders never hear the word.

18%a year, §542.060(a)
12.00%weather rate, November 2026
60 daysto pay, §542.058

We are not a law firm and do not provide legal advice. Our work is limited to public-adjusting services, claim documentation, timeline analysis and claim presentations to the carrier.

Interest accruing§542.060
0days late
$0.00
owed on top of a $50,000 claim
Penalty rate18.00% / yr
Per-day accrual$24.66
Days past the deadline
Simple interest · amount × rate ÷ 365 × days late · illustration only
§542.05515 days to acknowledge, investigate & request items§542.05615 business days to accept or reject§542.0575 business days to pay once accepted§542.05860 days to pay after receiving what it asked for§542.060(a)18% a year, plus attorney’s fees§542.060(c)12.00% for weather claims (November 2026)Hinojos (Tex. 2021)appraisal payment doesn’t erase the delay§542A.00361-day pre-suit notice on weather claims§4102.104public adjuster fees capped at 10%§542.05515 days to acknowledge, investigate & request items§542.05615 business days to accept or reject§542.0575 business days to pay once accepted§542.05860 days to pay after receiving what it asked for§542.060(a)18% a year, plus attorney’s fees§542.060(c)12.00% for weather claims (November 2026)Hinojos (Tex. 2021)appraisal payment doesn’t erase the delay§542A.00361-day pre-suit notice on weather claims§4102.104public adjuster fees capped at 10%
I.What we do

Enforce Interest turns a slow claim into a documented one.

Insurance claims rarely fail all at once. They stall: an inspection that takes a month, a desk review that cuts the estimate, a document request for something already in the file, a supplement that sits for a season.

Texas lawmakers anticipated that. Since 1991 the state has had a prompt-payment statute — first Article 21.55, now Chapter 542, Subchapter B of the Insurance Code — that puts insurers on a clock and charges them for running past it. Enforce Interest exists because that clock is almost never raised by the people it protects. We read the claim file the way the statute does: what was requested, when it arrived, when payment was due and when it actually came.

The result is a dated, sourced timeline and an interest figure the carrier can check line by line. That is what Enforce Interest presents — not a feeling that the claim took too long, but the statutory math of how long, on how much, at what rate.

18%Standard penalty rate a year, §542.060(a)
60Days to pay after receiving requested items, §542.058
10%Texas cap on public adjuster fees, §4102.104
$0Cost of a claim review with Enforce Interest
II.The clock

Texas built a payment clock into every property policy.

Scroll the statute. Each step is a separate deadline in Chapter 542 — and a missed one is what Enforce Interest documents.

Day 0 · Notice of claim

You give the insurer written notice.

“Notice of claim” means any written notice that reasonably tells the insurer the facts of the claim (§542.051). Keep the date and a copy — every later deadline is measured from a document like this one.

By day 15 · §542.055

Acknowledge, investigate, ask for what it needs.

Within 15 days (30 business days for an eligible surplus lines insurer) the carrier must acknowledge the claim, begin its investigation and request every item, statement and form it reasonably believes it will need. It can ask for more later only if the investigation makes that necessary.

15 business days after items arrive · §542.056

Accept or reject — in writing.

Once it has the items it requested, the insurer has 15 business days to accept or reject the claim in writing (30 days if it reasonably suspects arson). If it needs more time it must say why within that window, and then decide within 45 more days. A rejection must state its reasons.

5 business days after acceptance · §542.057

Accepted means paid — within five business days.

After notifying you that it will pay all or part of the claim, the insurer must pay within 5 business days (20 business days for an eligible surplus lines insurer), or within 5 business days after you perform any act the payment was conditioned on.

60 days after items arrive · §542.058

The 60-day backstop.

Whatever happens with acceptance, an insurer that delays payment for more than 60 days after receiving all the items it reasonably requested is liable under §542.060. The exception: if arbitration or litigation finds the claim invalid. In a declared weather catastrophe the claim-handling deadlines extend by 15 days (§542.059(b)).

Every day after · §542.060

Interest runs until the money is paid.

From the date the claim was required to be paid, the insurer owes interest on the late amount as damages — 18% a year, or the floating rate for qualifying weather claims — plus reasonable and necessary attorney’s fees. Partial payments shrink the balance the interest runs on; they don’t stop it.

Calculate your own deadlines
III.Two rates

Standard 18% or the weather floating rate.

Since 2017, Texas has applied two different interest rates depending on the claim. Picking the right one is the first thing Enforce Interest checks.

§542.060(a) · standard
18%

Fixed by statute. Simple interest, per year.

  • Fire, smoke, water, plumbing, theft, vandalism and other non-weather losses
  • Weather claims made before September 1, 2017
  • Plus reasonable and necessary attorney’s fees
How the 18% rate works
§542.060(c) · Chapter 542A
12.00%

§304.003 judgment rate (7.00%) + 5%, November 2026.

  • Claims for damage caused wholly or partly by forces of nature — hail, wind, hurricane, tornado, flood, lightning, wildfire, snowstorm, rainstorm, earthquake
  • Claims made on or after September 1, 2017, in an action governed by Chapter 542A
  • In court the rate is set on the date of judgment; it can range from 10% to 20%
How the floating rate works

On a $50,000 claim paid 90 days late: $2,219.18 at 18% versus $1,479.45 at 12.00%. See every monthly §304.003 rate since 2005.

V.Appraisal & late payment

The appraisal award came in higher. The interest may still be owed.

For years carriers treated paying an appraisal award as the end of the claim. The Texas Supreme Court disagreed.

Step 1

Claim stalls; carrier pays a low figure.

Step 2

Policyholder invokes appraisal.

Step 3

Panel awards more; carrier pays the award.

Result

Carrier argues the claim is closed and no prompt-payment damages are owed.

On a $100,000 underpayment paid eighteen months (548 days) late at 18%, the interest alone is $27,024.66. Enforce Interest calculates it from the original deadline to the award payment date — and checks whether any interest the carrier did pay used the right rate and dates.

VI.Does your claim qualify?

Most Texas first-party property claims can.

Whether interest is owed depends on coverage, what the insurer requested and when, and why the payment was late. Here is the quick version.

Likely worth a review

  • The carrier accepted the claim but paid part of it later, or paid it all late.
  • No decision arrived within the statutory windows after you sent what was requested.
  • A supplement for additional damage sat unpaid for months.
  • Appraisal produced an award higher than what the carrier had paid.
  • The claim was denied, then paid after you pushed back.

Probably not

  • The claim was paid in full within the deadlines.
  • The claim was denied and the denial was never reversed or found wrong.
  • The delay was caused by the policyholder — no access, no documents, no response.
  • Workers’ comp, title, mortgage guaranty, fidelity/surety bonds or marine insurance (excluded by §542.053).
VIII.How recovery works

Four steps. No upfront cost.

Enforce Interest is a contingency-based public adjusting service: if nothing is recovered, there is no fee.

Free claim review

Send the policy, claim letters, payment history and correspondence. We tell you whether the timeline supports a prompt-payment issue.

Timeline forensics

Every notice, request, response, inspection and payment gets a date and a source. We identify when each payment was due.

Claim presentation

The carrier receives a written presentation of unpaid amounts, deadlines and calculated statutory interest for its review.

You get paid

Payments are made to you; Texas requires the insured on every check. Our fee is contingent and capped by law at 10%.

IX.Who we are

A Texas-licensed public adjusting firm built around §542.

Enforce Interest is a service of Rise Public Adjusting, a public adjusting firm licensed by the Texas Department of Insurance (license #3356839) and based in Austin. We handle residential and commercial property claims across Texas, with a focus on files that were disputed, underpaid or slow-paid.

We started Enforce Interest after seeing the same pattern again and again: claims paid months — sometimes years — after the statute said they were due, and no one ever raised the interest. The review is free and the math is the math. If you waited more than two months for a Texas property claim to be paid, Enforce Interest wants to look at your file.

What we will and won’t do

  • Adjust and document your property claim as a licensed public adjuster.
  • Build the claim timeline and calculate statutory interest.
  • Present unpaid amounts and interest to the carrier in writing.
  • Give legal advice or file lawsuits — we are not a law firm.
  • Refer you to an attorney for a fee (prohibited by §4102.158).
  • Charge more than the 10% Texas cap, or take any fee if nothing is recovered.
X.FAQ

Questions policyholders ask Enforce Interest.

What is Enforce Interest?

Enforce Interest is a Rise Public Adjusting service built around one part of Texas law: the prompt-payment rules in Chapter 542 of the Texas Insurance Code. When a carrier pays a covered property claim late, §542.060 adds statutory interest as damages. We rebuild the claim timeline, calculate that interest and present it to the carrier on the policyholder’s behalf.

What is the Texas 60-day rule?

Under Tex. Ins. Code §542.058, once an insurer has received all the items, statements and forms it reasonably requested, it generally has 60 days to pay a covered claim (unless another statute sets a different period). If it delays longer, it owes the damages in §542.060: interest on the claim amount plus reasonable and necessary attorney’s fees.

How much interest does a Texas insurer owe for paying late?

For most claims, 18% a year, simple interest, on the amount that was paid late. For weather-related property claims made on or after September 1, 2017 (in an action governed by Chapter 542A), the rate is the Finance Code §304.003 judgment rate plus 5%. The November 2026 judgment rate is 7.00%, which makes the weather rate 12.00%. In a lawsuit, that rate is fixed on the date of judgment.

Does paying an appraisal award end the insurer’s liability for interest?

No, not automatically. In Barbara Technologies Corp. v. State Farm Lloyds (Tex. 2019) and Hinojos v. State Farm Lloyds, 619 S.W.3d 651 (Tex. 2021), the Texas Supreme Court held that paying an appraisal award does not, by itself, protect an insurer from prompt-payment damages. If money was owed and unpaid when the statutory deadline passed, interest can be owed on it even though the award was later paid.

Do I need a lawyer to recover prompt-payment interest?

Not always. Many carriers resolve the issue once the dates and the math are documented and presented. If a carrier refuses and a lawsuit is needed, that is work for a licensed Texas attorney; Enforce Interest is not a law firm and does not give legal advice.

What does it cost?

The first claim review is free. If we take the engagement, the fee is a contingency percentage of what is recovered, and Texas law caps public adjuster compensation at 10% of the insurance settlement on the claim (§4102.104). If nothing is recovered, you owe nothing.

More answers in the full FAQ

Free claim review

Already paid — but late? Let Enforce Interest run the numbers.

Send us your claim file for a free review. We rebuild the dates, calculate the statutory interest and tell you plainly whether there is anything to recover. No upfront cost. Texas claims only.