A Texas property claim runs on several clocks at once — some on the insurer, some on you. Missing one of yours can cost coverage or the right to sue. Missing one of theirs can cost the insurer statutory interest. Here they all are, in order.
Your deadlines: reporting the claim
- Private insurers: the policy controls. Most require notice “promptly” or “as soon as practicable,” and some Texas policies set a fixed period for weather claims. Read the “Duties After Loss” section.
- TWIA: file within one year of the date of damage (§2210.573(a)). The commissioner can extend by up to 180 days for good cause (§2210.205(b)).
- Proof of loss: if the insurer requests a sworn proof of loss, the policy usually sets a deadline (often 60 days from the request).
The insurer’s deadlines: Chapter 542
| Deadline | Statute | Trigger |
|---|---|---|
| Acknowledge, start investigating, request items: 15 days (surplus lines 30 business days) | §542.055 | Written notice of claim |
| Accept or reject in writing: 15 business days (30 days if arson suspected) | §542.056 | Receipt of all items required for proof of loss |
| Decide after a “need more time” notice: 45 days | §542.056(d) | The insurer’s notice |
| Pay: 5 business days (surplus lines 20) | §542.057 | Notice of acceptance, or performance of a condition |
| Pay in any event: 60 days | §542.058 | Receipt of all items reasonably requested |
| +15 days to each claim-handling deadline | §542.059(b) | Commissioner-declared weather catastrophe |
“Business day” excludes weekends and Texas holidays (§542.051(1)). Use the claim deadline calculator to get exact dates.
TWIA’s deadlines
TWIA has its own sequence in Chapter 2210: it may request information within 30 days after the claim is filed; it must accept or deny within 60 days after receiving the claim or the requested information (§2210.573); and it must pay an accepted claim within 10 days of notice of acceptance (§2210.5731). A suit over denied coverage must be filed within two years of the denial notice (§2210.577).
Before you sue: Chapter 542A
For weather claims, written pre-suit notice at least 61 days before filing (§542A.003). The insurer may request an inspection within 30 days of receiving it, to be completed if reasonably possible within 60 days (§542A.004). The 542A calculator does the arithmetic.
Deadlines to sue
- The policy’s suit clause. Commonly two years and one day after the cause of action accrues. Texas voids any contractual limit shorter than two years (Civ. Prac. & Rem. Code §16.070).
- Insurance Code Chapter 541 (unfair or deceptive practices): two years from the act or its discovery, extendable 180 days in limited circumstances (§541.162).
- Breach of contract: four years under the general statute, unless a valid policy clause shortens it.
Often when the insurer denies or underpays the claim, not the date of loss — but that is a legal question with real consequences. If a deadline might be close, talk to a Texas attorney now.
Policy deadlines people forget
- Recoverable depreciation: many policies require repairs to be completed within a set time (often 180 days to two years) to collect the holdback.
- Appraisal: some policies set a time to name an appraiser after a demand (often 20 days).
- Additional living expense: usually limited to the time reasonably needed to repair, sometimes capped.
Keep all of these in one place with the claim timeline builder.
Frequently asked questions
How long does an insurance company have to pay a claim in Texas?
Five business days after accepting it (§542.057), and in any case no more than 60 days after receiving all items it reasonably requested (§542.058), plus 15 days in a declared weather catastrophe.
How long do I have to sue my insurance company in Texas?
Check your policy; two years and one day from accrual is common, and nothing shorter than two years is enforceable (§16.070). Chapter 541 claims have a two-year limit.
How long do I have to file a TWIA claim?
One year from the date of damage (§2210.573(a)).