Your Insurer Is on a Clock. Most Homeowners Never Find Out.
Texas law sets deadlines for how quickly an insurer must acknowledge, decide and pay a claim — and attaches financial penalties when they are missed. Almost nobody is told this, which is precisely why delays work.
The rules sit in Chapter 542 of the Texas Insurance Code, known as the Prompt Payment of Claims Act. Here is the timetable your claim is supposed to follow.
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15 days
Acknowledge and begin
The insurer must acknowledge your claim, commence an investigation, and request everything it reasonably believes it will need from you.
§542.055 · calendar days
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15 business days
Accept or reject, in writing
Counted from when they have all the items they requested. A rejection must state the reasons in writing.
If they cannot decide in that window they must explain why in writing — and that buys them up to 45 additional days, not indefinite silence.
§542.056
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5 business days
Pay
Once they have notified you the claim is accepted, payment follows within five business days.
§542.057
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60 days
The penalty line
Delay beyond 60 days after they have everything they requested triggers damages. On a non-weather claim that is 18% annual interest on the amount owed, plus reasonable attorney's fees.
§542.058, §542.060
Two things that change for a roof claim
Every deadline above extends by 15 calendar days where the claim arises from a weather-related catastrophe — which covers most Houston roof claims.
And weather claims fall under Chapter 542A, where the penalty is calculated by a statutory formula rather than the flat 18%, and a pre-suit notice requirement applies. If it reaches that point it is a matter for an attorney, not a roofer.
Why any of this matters to you practically: knowing the dates means you can ask a specific question. "It has been 40 days since you confirmed you had everything — can you tell me where the decision is?" lands very differently from "any update?"
Where claims go wrong
Five Disputes, and What You Can Do About Each
In order of how often we see them. None of these means the claim is over — most of them mean something specific is missing, and specific problems have specific fixes.
Denial
Your claim was rejected
Why it usually happens:
- Damage classified as wear and tear rather than storm damage
- Insufficient documentation of the loss
- Claim filed outside a policy deadline, or prompt notice questioned
- Pre-existing damage argued to predate the storm
- The cause falls under a policy exclusion
A rejection must state its reasons in writing. Get that letter and read the specific reason, because everything you do next depends on which one it is. If it is a documentation problem you can fix it. If it is a coverage exclusion, that is a policy question. If it is wear and tear, a second inspection with photographs and dates may change the picture.
Underpayment
The amount will not cover the work
Why it usually happens:
- Line items missing from the adjuster's scope
- Local material and labor prices understated
- Code-required upgrades omitted
- Depreciation applied more aggressively than the policy provides
- Only partial slopes approved on a roof that needs full replacement
This is what a supplement is for, and it is normal rather than adversarial — the first scope is written from a walk-round, and what is under the shingles is not visible then. A supplement is a documented request to add what was missed. How supplements work.
Scope
You disagree about what needs doing
Why it usually happens:
- Repair approved where the roof needs replacing
- Matching problems when the shingle line is discontinued
- Decking, underlayment or ventilation excluded from the scope
- Partial slope approval on a roof with damage across several planes
Ask for the scope in writing and read the line items. Where a contractor and an adjuster disagree, the resolution is usually documentation rather than argument — photographs, measurements, and manufacturer guidance on what a compliant repair requires. Some policies also provide an appraisal clause for valuation disputes; check whether yours does.
Delay
Nothing is happening
Why it usually happens:
- No acknowledgement within the statutory window
- Repeated requests for information you have already sent
- Adjuster inspection repeatedly rescheduled
- No written decision long after all items were provided
- Catastrophe volume after a major storm
This is where the deadlines above become useful. Put your follow-up in writing, reference the date they confirmed they had everything, and ask for a written decision. Keep a log of every call with dates and names. If it continues, the Texas Department of Insurance takes complaints.
Coverage
They say the policy does not cover it
Why it usually happens:
- Interior damage declined because there was no storm-created opening
- Metal flashing or penetrations excluded by the policy
- Cosmetic damage exclusions applied to functional damage
- Mold sublimits capping what is paid
- A named-storm deductible applied where you expected wind and hail
Get the specific policy provision they are relying on, in writing, and read it against your declarations page. Several of these are genuine policy terms rather than adjuster discretion — which is why they are worth understanding before a storm. The exclusions worth checking.
Where we stop, and who takes over
Everything above is what you can do. Our part is the roof: inspect it, document the damage slope by slope, produce an itemized scope, and meet your adjuster on the roof so you are both looking at the same evidence.
We do not file, negotiate or appeal claims. That is licensed public-adjuster work, and in Texas a roofing contractor cannot do it. If you decide to engage one, note that Texas caps their fee at 10% of the claim under Insurance Code §4102.104.
And if a dispute reaches the point of litigation, that is an attorney's work rather than ours or a public adjuster's.
Common Questions
How long does my insurer have to respond to a roof claim in Texas?
Under Chapter 542 of the Texas Insurance Code: 15 days to acknowledge the claim, begin investigating and request what they need. Then 15 business days after receiving all requested items to accept or reject in writing. Then 5 business days to pay once accepted. All of it extends by 15 calendar days for a weather-related catastrophe, which covers most roof claims.
What happens if my insurer misses those deadlines?
Delay beyond 60 days after they have everything requested can trigger damages. On a non-weather claim that is 18% annual interest on the amount owed plus reasonable attorney's fees under §542.060. Weather claims fall under Chapter 542A, where the penalty is calculated by statutory formula and a pre-suit notice requirement applies.
My roof claim was denied. What now?
Start with the denial letter. Texas requires a written rejection to state its reasons, and what you do next depends entirely on which reason it gives. A documentation gap can be filled. A wear-and-tear classification may be answered with dated photographs and a second inspection. A policy exclusion is a coverage question rather than an evidence one.
Can my roofer handle the dispute for me?
No. Filing, negotiating and appealing claims is licensed public-adjuster work, and in Texas a roofing contractor cannot do it. What a roofer should do is inspect, document the damage thoroughly, produce an itemized scope and meet the adjuster on the roof. If you engage a public adjuster, Texas caps their fee at 10% of the claim under §4102.104.
Where do I complain about my insurance company in Texas?
The Texas Department of Insurance accepts complaints from policyholders. Before you file, gather your policy number, the dates of every contact, the names of everyone you spoke to, and copies of all written correspondence. A dated log is worth more than a recollection.
What is an appraisal clause?
A provision in many policies that provides a route for resolving disputes about the amount of a loss, as distinct from whether it is covered at all. Each side appoints an appraiser, and the two select an umpire. Check whether your policy has one before assuming a valuation disagreement has no resolution short of litigation.
This page describes general provisions of Texas law for information only and is not legal advice. Deadlines, penalties and remedies depend on your policy, the facts of your claim and whether it is weather-related. For advice on your own situation, speak to a licensed public adjuster or an attorney.
What we can actually do
Inspect the roof, document the damage slope by slope with photographs, produce an itemized scope, and meet your adjuster on the roof so you are both assessing the same evidence. Free, and yours to keep whatever happens with the claim.
How Texas claims work · Storm damage · After your claim is approved · 33 repairs, priced