Why hail and wind claims stall
Texas leads the country in hail claims, and a single spring storm across Dallas–Fort Worth, San Antonio or the Austin corridor can put tens of thousands of roofs into the claims queue at once. Carriers bring in field adjusters from out of state, inspections slip, and estimates move through desk review. None of that changes the deadlines in Chapter 542. In a commissioner-declared catastrophe the claim-handling deadlines extend by 15 days (§542.059(b)); beyond that, the clock runs.
Red flags on storm claims
- Inspection weeks after notice. The insurer must acknowledge and begin investigating within 15 days (§542.055). A first inspection a month or more later is worth noting.
- The same document requested twice. Additional requests are allowed only when the investigation makes them necessary (§542.055(b)). Duplicates and requests for things the carrier already holds don’t move the 60-day trigger in a principled way.
- Field estimate cut in desk review. When the adjuster who walked the roof wrote one number and a reviewer who didn’t wrote another, the first estimate is evidence of scope.
- “Wear and tear” or “prior damage” denials. Hail date reports, roof age, and photographs of fresh fractures and granule loss answer these.
- Partial payment, then silence. Once the carrier accepts part of the claim, §542.057 requires payment of that part within 5 business days. The rest remains subject to §542.058.
Which interest rate applies to a hail or wind claim?
Hail and wind are forces of nature, so a lawsuit on a hail or wind claim made on or after September 1, 2017 is an action governed by Chapter 542A, and the floating rate in §542.060(c) applies: the §304.003 judgment rate plus 5% — 12.00% using the November 2026 rate. A storm claim made before that date carries the standard 18%. (The test in HB 1774 is when the claim was made, not the date of loss.)
On a $40,000 roof claim paid 120 days late, that is $1,578.08 at 12.00%, versus $2,367.12 at 18%.
The 61-day pre-suit notice
Before suing over a weather claim, a policyholder must give the insurer written notice at least 61 days in advance stating the acts or omissions complained of, the specific amount claimed and the attorney’s fees incurred (§542A.003). The insurer can ask to inspect within 30 days (§542A.004). The amount in that notice later caps or scales attorney’s fees (§542A.007). The 542A notice calculator shows the dates and the fee ratio.
Roof claims and supplements
Most hail claims grow after the tear-off: rotted or delaminated decking, code-required drip edge, underlayment or ventilation, and damaged flashing that wasn’t visible from the ground. Each supplement is a new request for payment and is evaluated on its own timeline. See claim supplements for how interest applies when a supplement is paid late.
Evidence that moves storm claims
- A hail or wind report for your address and date (several commercial services produce these).
- Close-up photos of soft metals — vents, gutters, downspouts, AC fins — which dent cleanly in hail.
- Test-square photos showing fractured shingle mats and displaced granules.
- The roof’s installation date (permit, invoice or prior inspection) to rebut age arguments.
- Every adjuster estimate, including revisions, with dates.
Deductibles on Texas storm claims
Many Texas policies use a percentage wind/hail deductible based on the dwelling limit. Interest is calculated on what is owed after the deductible. Convert yours with the deductible calculator.