The Windstorm Insurance Network held a symposium last week in Houston. Tina Nicholson of our firm and Shannon O’Malley from the Dallas office of the insurance defense firm Zelle Hofman made a presentation regarding Texas Bad Faith Law. I met Shannon when Zelle Hofman was defending Factory Mutual in the Port of New Orleans litigation following Hurricane Katrina.
As part of her presentation last week, Shannon prepared a laminated handout with Texas Bad Faith Statutes and Claims Deadlines. Tina Nicholson thought Shannon’s handout would be very useful for adjusters and policyholders to have as a relatively simple two page summary of laws insurance company adjusters must follow. I agree, and we are providing them to you for review:
The deadlines have relevance to the Proof of Loss post I made yesterday. Property insurance policies do not mandate a time period for claim payment following submission of a proof of loss. However, the Texas regulations have time periods for payment and extensions for payment following the submittal of a proof of loss. These deadlines are the reason Texas Windstorm Insurance Association (TWIA) is responding with a form letter to all proofs of loss and is trying to provide an excuse for its delay. We’ll see in our lawsuits and as litigation progresses whether the excuses are factually accurate, honest and in good faith.