Sec. 542.056. NOTICE OF ACCEPTANCE OR REJECTION OF CLAIM. (a) Except as provided by Subsection (b) or (d), an insurer shall 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 secure final proof of loss.
(b) If an insurer has a reasonable basis to believe that a loss resulted from arson, the insurer shall notify the claimant in writing of the acceptance or rejection of the claim not later than the 30th day after the date the insurer receives all items, statements, and forms required by the insurer.
(c) If the insurer rejects the claim, the notice required by Subsection (a) or (b) must state the reasons for the rejection.
(d) If the insurer is unable to accept or reject the claim within the period specified by Subsection (a) or (b), the insurer, within that same period, shall notify the claimant of the reasons that the insurer needs additional time. The insurer shall accept or reject the claim not later than the 45th day after the date the insurer notifies a claimant under this subsection.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Notes of Decisions
Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins., 801 F.3d 512 (5th Cir. 2015).
· cites it 7× “(quoting Tex. Ins.Code § 542.056). Noting that it was “unaware of any Texas case examining what documents are ‘required by the insurer to secure final proof of loss,’” the court relied on “[c]ommon sense,” to find that “materials such as service records, sets of keys, and…”
Lamar Homes, Inc. v. Mid-Continent Cas. Co., 242 S.W.3d 1 (Tex. 2007).
“See Tex. Ins.Code § 542.056(a). And when the insurer, who owes a defense to its insured, fails to pay within the statutory deadline, the insured matures its right to reasonable attorney’s fees and the eighteen percent interest rate specified by the statute.”
Steve Quibodeaux v. Nautilus Ins. Comp, 655 F. App'x 984 (5th Cir. 2016).
· cites it 3× “As to the damages for the initial delay, Quibodeaux argues on appeal that Nautilus is liable for violations of Texas Insurance Code §§ 542.056 and 542.058.”
Lamar Homes, Inc. v. Mid-Continent Cas. Co., 428 F.3d 193 (5th Cir. 2005).
· cites it 2× “55 § 6 (current version at Tex. Ins.Code Ann. § 542.60) ("In all cases where a claim is made pursuant to a policy of insurance and the insurer liable therefor is not in compliance with the requirements of this article, such insurer shall be liable to pay the holder of the policy…”
Trammell Crow Residential Co. v. Virginia Sur. Co., 643 F. Supp. 2d 844 (N.D. Tex. 2008).
· cites it 2× “3d at 19 ; Tex. Ins.Code § 542.056(a)). It posits that “[t]he legal fee statements or invoices are necessary last pieces of information needed to put a value on the insured’s loss.”
Terry v. Safeco Ins. Co. of Am., 930 F. Supp. 2d 702 (S.D. Tex. 2013).
· cites it 2× “Tex. Ins. Code § 542.056(a). If an insurer rejects a claim, it must state the reasons for the rejection.”
Lee v. Catlin Specialty Ins. Co., 766 F. Supp. 2d 812 (S.D. Tex. 2011).
· cites it 2× “055; (b) Failing to notify Plaintiff in writing of its acceptance or rejection of the Claim within the applicable time constraints provided by Tex. Ins. Code § 542.056; and/or by (c) Delaying payment of the Claim following [Catlin’s] receipt of all items, statements, and forms…”
— Tex. Ins. Code § 542.056(a) — 24 cases
Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins., 801 F.3d 512 (5th Cir. 2015).
“(quoting Tex. Ins.Code § 542.056). Noting that it was “unaware of any Texas case examining what documents are ‘required by the insurer to secure final proof of loss,’” the court relied on “[c]ommon sense,” to find that “materials such as service records, sets of keys, and…”
Lamar Homes, Inc. v. Mid-Continent Cas. Co., 242 S.W.3d 1 (Tex. 2007).
“See Tex. Ins.Code § 542.056(a). And when the insurer, who owes a defense to its insured, fails to pay within the statutory deadline, the insured matures its right to reasonable attorney’s fees and the eighteen percent interest rate specified by the statute.”
Trammell Crow Residential Co. v. Virginia Sur. Co., 643 F. Supp. 2d 844 (N.D. Tex. 2008).
“3d at 19 ; Tex. Ins.Code § 542.056(a)). It posits that “[t]he legal fee statements or invoices are necessary last pieces of information needed to put a value on the insured’s loss.”
— Tex. Ins. Code § 542.056(b) — 3 cases
— Tex. Ins. Code § 542.056(c) — 3 cases
Terry v. Safeco Ins. Co. of Am., 930 F. Supp. 2d 702 (S.D. Tex. 2013).
“Tex. Ins. Code § 542.056(a). If an insurer rejects a claim, it must state the reasons for the rejection.”
— Tex. Ins. Code § 542.056(d) — 4 cases
Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins., 801 F.3d 512 (5th Cir. 2015).
“(quoting Tex. Ins.Code § 542.056). Noting that it was “unaware of any Texas case examining what documents are ‘required by the insurer to secure final proof of loss,’” the court relied on “[c]ommon sense,” to find that “materials such as service records, sets of keys, and…”
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