Sec. 542.055. RECEIPT OF NOTICE OF CLAIM. (a) Not later than the 15th day or, if the insurer is an eligible surplus lines insurer, the 30th business day after the date an insurer receives notice of a claim, the insurer shall:
(1) acknowledge receipt of the claim;
(2) commence any investigation of the claim; and
(3) request from the claimant all items, statements, and forms that the insurer reasonably believes, at that time, will be required from the claimant.
(b) An insurer may make additional requests for information if during the investigation of the claim the additional requests are necessary.
(c) If the acknowledgment of receipt of a claim is not made in writing, the insurer shall make a record of the date, manner, and content of the acknowledgment.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Notes of Decisions
United Servs. Auto. Ass'n v. Joseph Hayes, Jr & Joanne Hayes, 507 S.W.3d 263 (Tex. App. 2016).
· cites it 4× “060: [list of claims] Furthermore, the delay in payment to [the Hayeses] is also in violation of Texas Insurance Code §542.055, et seq., thus triggering liability on your part to pay the amount of the claim, plus damages consisting of eighteen percent .”
Mag-Dolphus, Inc. v. Ohio Cas. Ins., 906 F. Supp. 2d 642 (S.D. Tex. 2012).
· cites it 6× “” Tex. Ins.Code Ann. § 542.055(a)(l-3). The Texas Insurance Code provides, however, that “in the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner [of the Texas Department of Insurance], the claim-handling deadlines imposed under…”
Metro Hosp. Partners, Ltd. v. Lexington Ins., 84 F. Supp. 3d 553 (S.D. Tex. 2015).
· cites it 2× “” Tex. Ins.Code § 542.055(a). An insurer must also inform the claimant within 15 business days after receiving “all items, statements, and forms required by the insurer to secure final proof of loss” whether it accepts or rejects the a claim.”
Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins., 801 F.3d 512 (5th Cir. 2015).
“” Tex. Ins.Code § 542.055(a). Next, § 542.056, entitled “Notice of Acceptance or Rejection of Claim,” requires the insurer to “notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all…”
Lee v. Catlin Specialty Ins. Co., 766 F. Supp. 2d 812 (S.D. Tex. 2011).
· cites it 2× “Prompt Payment of Claims Lee alleges that Catlin violated the prompt payment of claims provisions of the Texas Insurance Code by: (a) Failing to acknowledge receipt of the Claim, commence investigation of the Claim, and/or request from Plaintiff all items, statements, and forms…”
Hall Arts Ctr. Off., LLC v. Hanover Ins. Co., 327 F. Supp. 3d 979 (N.D. Tex. 2018).
“See Tex. Ins. Code Ann. § 542.055 (West 2018) Insurers are required to "notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer to…”
Randel v. Travelers Lloyds of TX Ins, 9 F.4th 264 (5th Cir. 2021).
“Tex. Ins. Code § 542.055(b). But having scoured the summary judgment briefing in the trial court, including the record citation defense counsel provided at oral argument, we do not see where Travelers raised this ground for summary judgment.”
Am. S. Ins. v. Buckley, 748 F. Supp. 2d 610 (E.D. Tex. 2010).
“Citing Tex. Ins.Code § 542.055(a). The insurer is to notify the claimant in writing of the acceptance or rejection of the claim within fifteen days after it receives the required documentation for proof of loss.”
Basic Energy Servs., Inc. v. Liberty Mut. Ins., 655 F. Supp. 2d 666 (W.D. Tex. 2009).
· cites it 2× “Unless Liberty Mutual acknowledged Basic Energy’s notice of claim within 15 days or less, well before the February 13, 2008 letter, Liberty Mutual violated PPCA by not complying with “Receipt of Notice of Claim” (Tex. Ins. Code § 542.055) within the statutory deadline.”
— Tex. Ins. Code § 542.055(a) — 19 cases
Metro Hosp. Partners, Ltd. v. Lexington Ins., 84 F. Supp. 3d 553 (S.D. Tex. 2015).
“” Tex. Ins.Code § 542.055(a). An insurer must also inform the claimant within 15 business days after receiving “all items, statements, and forms required by the insurer to secure final proof of loss” whether it accepts or rejects the a claim.”
Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins., 801 F.3d 512 (5th Cir. 2015).
“” Tex. Ins.Code § 542.055(a). Next, § 542.056, entitled “Notice of Acceptance or Rejection of Claim,” requires the insurer to “notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all…”
Mag-Dolphus, Inc. v. Ohio Cas. Ins., 906 F. Supp. 2d 642 (S.D. Tex. 2012).
“” Tex. Ins.Code Ann. § 542.055(a)(l-3). The Texas Insurance Code provides, however, that “in the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner [of the Texas Department of Insurance], the claim-handling deadlines imposed under…”
Am. S. Ins. v. Buckley, 748 F. Supp. 2d 610 (E.D. Tex. 2010).
“Citing Tex. Ins.Code § 542.055(a). The insurer is to notify the claimant in writing of the acceptance or rejection of the claim within fifteen days after it receives the required documentation for proof of loss.”
— Tex. Ins. Code § 542.055(a)(1) — 6 cases
Certain Underwriters at Lloyd's, London, Syndicate No. 2020, 1084, 2001, 457, 510, 2791, 2987, 3000, 1221, 5000 & Navigators Ins. Co. UK v. Prime Nat. Resources, Inc. (Tex. App. 2019).
Certain Underwriters at Lloyd's, London, Syndicate No. 2020, 1084, 2001, 457, 510, 2791, 2987, 3000, 1221, 5000 & Navigators Ins. Co. UK v. Prime Nat. Resources, Inc. (Tex. App. 2019).
— Tex. Ins. Code § 542.055(a)(2) — 3 cases
Mag-Dolphus, Inc. v. Ohio Cas. Ins., 906 F. Supp. 2d 642 (S.D. Tex. 2012).
“” Tex. Ins.Code Ann. § 542.055(a)(l-3). The Texas Insurance Code provides, however, that “in the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner [of the Texas Department of Insurance], the claim-handling deadlines imposed under…”
— Tex. Ins. Code § 542.055(a)(3) — 3 cases
Mag-Dolphus, Inc. v. Ohio Cas. Ins., 906 F. Supp. 2d 642 (S.D. Tex. 2012).
“” Tex. Ins.Code Ann. § 542.055(a)(l-3). The Texas Insurance Code provides, however, that “in the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner [of the Texas Department of Insurance], the claim-handling deadlines imposed under…”
— Tex. Ins. Code § 542.055(b) — 2 cases
Randel v. Travelers Lloyds of TX Ins, 9 F.4th 264 (5th Cir. 2021).
“Tex. Ins. Code § 542.055(b). But having scoured the summary judgment briefing in the trial court, including the record citation defense counsel provided at oral argument, we do not see where Travelers raised this ground for summary judgment.”
— Tex. Ins. Code § 542.055(c) — 2 cases
Mag-Dolphus, Inc. v. Ohio Cas. Ins., 906 F. Supp. 2d 642 (S.D. Tex. 2012).
“” Tex. Ins.Code Ann. § 542.055(a)(l-3). The Texas Insurance Code provides, however, that “in the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner [of the Texas Department of Insurance], the claim-handling deadlines imposed under…”
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