Frequently asked questions

Texas Insurance Code §542.058 says that once an insurer has received all items, statements and forms it reasonably requested, it may not delay payment of a covered claim for more than 60 days (unless another statute sets a different period). If it does, it owes the damages in §542.060.

On the date the insurer received the last item it reasonably requested under §542.055 — not necessarily the date you filed the claim. If the insurer kept requesting things it didn’t need, the clock may have started earlier than it says; that is a fact question built from the claim file.

15 days to acknowledge, investigate and request items (§542.055); 15 business days after receiving them to accept or reject (§542.056); 5 business days to pay after accepting (§542.057). Surplus lines insurers get longer on the first and third, and a declared weather catastrophe adds 15 days (§542.059(b)).

Yes. It applies to first-party claims under most insurance policies, residential or commercial, except the lines excluded by §542.053.

Under §542.056(d) it must tell you, within the 15-business-day window, why it needs more time, and then accept or reject within 45 days of that notice.

18% a year (simple) under §542.060(a) for most claims. For weather claims made on or after September 1, 2017, in an action governed by Chapter 542A, the §304.003 judgment rate plus 5% — 12.00% using the November 2026 rate of 7.00%.

The informal name for §542.060(c): interest on weather (“forces of nature”) claims at the Finance Code §304.003 rate on the date of judgment plus five percent. Because §304.003 is floored at 5% and capped at 15%, it ranges from 10% to 20%. Full explanation.

The date the claim was made. HB 1774, Section 4(b), applies §542.060(c) only to claims made on or after September 1, 2017.

No. It is simple interest on the unpaid amount, accruing daily from the date payment was required.

§542.060 adds reasonable and necessary attorney’s fees. In weather cases, Chapter 542A can reduce or eliminate fees depending on the pre-suit notice and the result (§542A.007).

The statute says nothing in §542.060 prevents prejudgment interest “as provided by law.” See our prejudgment interest guide.

It can be. Barbara Technologies (Tex. 2019) and Hinojos (Tex. 2021) hold that paying an award doesn’t by itself end prompt-payment liability; amounts owed but unpaid at the deadline can carry interest until paid.

In 2024 the Texas Supreme Court held that in a Chapter 542A case, an insurer that pays the appraisal award plus all statutory interest that could be owed isn’t liable for attorney’s fees under §542A.007.

Each supplement is evaluated on its own timeline — when the insurer received it and the items reasonably needed, and when it paid. Interest is calculated per supplement and added up.

No. Enforce Interest is a service of Rise Public Adjusting, a Texas-licensed public adjusting firm (license #3356839). We adjust and document claims and present them to carriers. We don’t give legal advice or file lawsuits.

The review is free. If we take the engagement, our fee is a contingency percentage of the recovery, within the 10% Texas cap (§4102.104). No recovery, no fee.

Texas law bars public adjusters from soliciting employment for attorneys (§4102.158(d)). If your situation needs a lawyer, we will tell you so; choosing one is up to you.

Your declarations page, claim letters and emails, every payment letter or check stub, estimates, any appraisal documents and a short description of what happened. Use the contact form.

No. Enforce Interest works only on Texas claims under Texas law.

Check the policy’s “suit against us” condition — often two years and one day from when the cause of action accrues. Texas voids contractual limits shorter than two years (§16.070). Chapter 541 claims have a two-year limit (§541.162). When a claim accrues is a legal question; talk to an attorney well before any deadline.

Policies usually require prompt notice; some set a fixed window. TWIA claims must be filed within one year of the damage (§2210.573).

For weather claims, written notice to the insurer at least 61 days before suit, stating the complaint, the amount owed and attorney’s fees incurred (§542A.003). Details here.