Dallas Texas (September 11, 2017)
KNOW THE FACTS ABOUT CONSUMER PROTECTIONS IN TEXAS
Texans for Lawsuit Reform is committed to helping our friends and neighbors deal with the aftermath of Hurricane Harvey. Many plaintiff lawyers and much of the media have misrepresented the lawsuit reform known as HB 1774, passed earlier this year because of widespread, harmful lawsuit abuse. For more information about this law and the rights and remedies of policyholders under Texas law, please visit www.tortreform.com/harvey. Essential information is also provided in the links shown below. At a time of stress and need, it is important that Texans know the facts about Texas law governing insurance policies.
Important Information Concerning Harvey Insurance Claims and Texas Law
• HB 1774 does not change the insurance claims process or your coverage, contrary to some misleading reports. Also, HB 1774 does not apply to policies issued by the National Flood Insurance Program or the Texas Windstorm Insurance Association. For the facts from the Texas Department of Insurance, please visit http://www.tdi.texas.gov/news/2017/tdi08302017.html.
• The new law does not impose a 60-day period before you can file a claim with your insurance company. It merely enforces an already existing 60-day written notice requirement that applies when you file a lawsuit against an insurance company. This notice requirement ensures the company is aware of your complaint and has had an opportunity to adequately address it before being sued. It is part of existing Texas law.
• File your claim with your insurance company as soon as it is safe to do so. Check your policy as soon as possible or call your insurance company and file a claim for all of your property that was damaged or destroyed by the storm.
• Most property owners who carry flood insurance have policies through the National Flood Insurance Program (NFIP), which is governed by federal law, not state law. Call the insurance company that issued your policy to find out how to file a claim under the NFIP. The NFIP Claims Handbook is available here: https://www.fema.gov/media-library/assets/documents/6659.
• Many coastal Texans have windstorm coverage through the Texas Windstorm Insurance Association (TWIA), which is covered by its own state law. Claims under those policies should be made directly to TWIA. To make a claim with TWIA, please visit https://www.twia.org/claimscenter/.
• Whether you have insurance or not, you can find information and resources at https://www.disasterassistance.gov/ or call 1-800-621-FEMA.
For more information about HB 1774 and additional resources, please visit www.tortreform.com/harvey.