Supplements · hidden damage · code upgrades

The repair started. Then they found more damage.

Supplements are part of almost every serious property claim. When a carrier slow-walks one, the statutory clock runs on that money too.

Each supplementown timeline
Interest18% / 12.00%
Partial paymentdoesn’t stop it
Appraisaldoesn’t erase it

Why supplements are normal

An adjuster inspects a loss for an hour or two. The contractor opens the roof or the wall and sees what the adjuster couldn’t: rotted decking under the shingles, water in the subfloor, smoke residue in the ductwork, code requirements triggered by the permit. A supplement is a request for payment of that additional, related scope. It is a routine part of property claims — and a routine place for delay.

Common supplement items

Roof & structure

  • Decking replacement found at tear-off
  • Drip edge, underlayment and ventilation required by code
  • Flashing, valley metal, pipe jacks
  • Truss or rafter damage

Water & mold

  • Subfloor and framing found during demolition
  • Mold remediation following a covered water loss
  • Cabinets, trim and fixtures
  • HVAC contamination

Fire & smoke

  • Whole-structure soot cleaning after testing
  • HVAC cleaning or replacement
  • Contents that can’t be deodorized
  • Electrical and life-safety code upgrades

Hurricane & storm

  • Permanent repairs after temporary tarping
  • Additional living expense true-ups
  • Recoverable depreciation after repairs
  • Hidden moisture damage

How the prompt-payment rules apply to a supplement

Chapter 542 doesn’t use the word “supplement,” but its deadlines are written around requests and receipt of information: the insurer must request what it needs, decide within 15 business days of receiving it, pay within 5 business days of accepting, and not delay payment more than 60 days after receiving what it reasonably requested. When a supplement arrives with its documentation, those same events happen again for the supplemental amount. Texas courts and practitioners therefore analyze a late supplement payment on its own timeline: when did the insurer receive the supplement and the items it reasonably needed, when was payment due, and when did it pay?

Two principles carry over directly from the Supreme Court’s cases:

  • Partial payment doesn’t stop interest on the rest (Hinojos, 2021). If a carrier pays part of a supplement and the rest is later found owed, the unpaid part can carry interest from its deadline.
  • Appraisal doesn’t erase the delay (Barbara Technologies, 2019). A supplement resolved through appraisal is analyzed the same way as an original claim.
Is it a supplement or a new claim?

Carriers sometimes tell policyholders that additional damage is a separate, new claim — which can mean a second deductible and a fresh set of deadlines. The deciding question is causation: if the damage flows from the original loss event, it belongs to the original claim. Contractor letters, dated photos and expert reports tying the new finding to the original cause are the evidence.

How supplement interest adds up

Because each supplement has its own payment date, interest is calculated per supplement and then added together. A simple illustration: a roofer finds $19,000 of decking and code items; the carrier receives the supplement with documentation, the 60-day deadline passes on October 4, and the carrier pays on December 18 — 75 days late. At 18%, that delay is worth $702.74; at the 12.00% weather rate, $468.49. Add a second supplement for mold or living expenses and the periods simply stack.

The statutory interest calculator handles this: add each supplement as a separate component with its own deadline and payments.

How carriers slow supplements

  • “We need to re-inspect.” Re-inspection may be legitimate, but it happens on the insurer’s clock.
  • Serial document requests. Estimates, then invoices, then photos, then a sworn proof of loss. Additional requests are allowed only when the investigation makes them necessary (§542.055(b)).
  • “That was included in the original scope.” A line-by-line comparison against the original estimate answers this.
  • “It’s been too long.” Policies limit the time to sue and often to complete repairs for recoverable depreciation. Track those dates.

Supplement best practices

  1. Submit each supplement in writing with all supporting documents at once, and keep proof of the date received.
  2. Ask the adjuster in writing to identify anything else needed.
  3. Record each response in the claim timeline builder.
  4. Calendar the 15-business-day and 60-day dates with the deadline calculator.
FAQ

Frequently asked questions

Can I file a supplement months after the original payment?

Usually, if the additional damage comes from the same loss and you are within the policy’s time limits (for repairs, recoverable depreciation and suit). Report additional damage promptly once you discover it.

When is a supplement payment due?

Apply the same Chapter 542 events to the supplement: decision within 15 business days of receiving what the insurer needs to evaluate it, payment within 5 business days of acceptance, and in any event within 60 days of receiving the items it reasonably requested.

How is interest calculated when there are several supplements?

Separately for each supplement, from its own deadline to its payment date(s), then added together.

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