Sec. 541.156. SETTLEMENT OFFER. (a) A person who receives notice provided under Section 541.154 or 542A.003 may make a settlement offer during a period beginning on the date notice under Section 541.154 or 542A.003 is received and ending on the 60th day after that date.
(b) In addition to the period described by Subsection (a), the person may make a settlement offer during a period:
(1) if mediation is not conducted under Section 541.161, beginning on the date an original answer is filed in the action and ending on the 90th day after that date; or
(2) if mediation is conducted under Section 541.161, beginning on the day after the date the mediation ends and ending on the 20th day after that date.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 1, eff. September 1, 2017.
Notes of Decisions
Perrett v. Allstate Ins. Co., 354 F. Supp. 3d 755 (S.D. Tex. 2018).
“See TEX. INS. CODE § 541.156 ; In Re Behr , 2006 WL 468001 , at *2 (Tex.”
Dailey v. AmGUARD Ins. Co. (N.D. Tex. 2022).
“) (internal citations and quotation marks removed) (see Tex. Ins. Code Ann. § 541.156 ; In re Behr, 2006 WL 468001 , at *2 (Tex.”
Lotus Sky, LLC v. Lexington Ins. Co. (N.D. Tex. 2024).
“July 27, 2015) (citing Tex. Ins. Code § 541.156). Section 542A.005 allows a defendant to file a plea in abatement “not later than the 30th day after the date the [defendant] files an original answer in the court in which the action is pending.”
in Re: Cypress Texas Lloyds (Tex. App. 2011).
“LEXIS 1588 , at *7 (stating that ―without pre-suit notice, Behr is denied his right to limit his damage exposure through an offer of settlement‖).”
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