I am frequently asked when the statute of limitations in expires on property insurance claims in Texas. Here is the short answer:
This 2 year limitations provision was found to be void in the case Spicewood Summit Office Condominiums Ass’n v. America First Lloyds, 287 S.W.3d 461 (Tex. App.-2009, writ ref’d). The Court held that the 4 year limitations applies.
BUT some policies also have what is known as a “savings clause” which states that if a limitations provision is invalid, the insured must bring suit within the shortest amount of time permitted by law.
There is a split among Texas courts as to whether the savings clause applies.
BOTTOM LINE: It is always best to file suit as soon as possible after you feel the insurance policy has been breached. But even if it has been more than two years but less than 4 years since the loss occurred, you probably still have the chance to file suit.
Of course it is always best to investigate the claim and file suit as quickly as possible. If you have a specific question about the Statute of Limitations in Texas as relates to property insurance claims, contact my office at Hoch Law Firm at 1-800-828-5160 and let’s talk.
“ Tim represented us in a dispute with our insurance company over roof damage due to a hail storm in the Dallas area. We were very disheartened by the constant denials and dishonest treatment we were receiving from the insurance carrier, and Tim counseled us to remain patient while he systematically put together expert opinions and facts that supported our claim. Eventually we were able to settle our case and...
Law & Litigation “Tim’s knowledge and insight regarding not just the law, but business and human nature in general was greatly appreciated and relied upon as we navigated through a difficult situation. Tim has my utmost admiration and respect both on a personal and professional basis.”
“When faced with the prospect of complex business litigation in Dallas County district court, Mr. Hoch came highly recommended. In short order, he was able to quickly understand and master the details of our case and map out a very cost-effective, efficient legal strategy. After a series of quick wins in court, our opponent came to the table with a highly satisfactory settlement. Mr. Hoch’s ability to effectively tell a...
“We have hired Tim Hoch for a number of different legal matters including property insurance claims and collection matters. He understands our business and the need for quick, cost efficient results. Tim has a no nonsense approach when dealing with legal matters. In my business, that approach is refreshing. We look forward to using Tim in the future to handle our litigation.”