Texas Codes

Tex. Ins. Code § 542A.001 (2026)

Definitions

✓ current as of May 2026

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Sec. 542A.001. DEFINITIONS. In this chapter:

(1) "Agent" means an employee, agent, representative, or adjuster who performs any act on behalf of an insurer.

(2) "Claim" means a first-party claim that:

(A) is made by an insured under an insurance policy providing coverage for real property or improvements to real property;

(B) must be paid by the insurer directly to the insured; and

(C) arises from damage to or loss of covered property caused, wholly or partly, by forces of nature, including an earthquake or earth tremor, a wildfire, a flood, a tornado, lightning, a hurricane, hail, wind, a snowstorm, or a rainstorm.

(3) "Claimant" means a person making a claim.

(4) "Insurer" means a corporation, association, partnership, or individual, other than the Texas Windstorm Insurance Association, engaged as a principal in the business of insurance and authorized or eligible to write property insurance in this state, including:

(A) an insurance company;

(B) a reciprocal or interinsurance exchange;

(D) a capital stock insurance company;

(E) a county mutual insurance company;

(F) a farm mutual insurance company;

(G) a Lloyd's plan;

(H) an eligible surplus lines insurer; or

(I) the FAIR Plan Association, unless a claim-related dispute resolution procedure is available to policyholders under Chapter 2211.

(5) "Person" means a corporation, association, partnership, or other legal entity or individual.

Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.

Notes of Decisions

Cited in 26 cases (22 in the last 5 years), 2018–2025 · leading case: Rodriguez v. Safeco, 73 F.4th 352 (5th Cir. 2023).

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Rodriguez v. Safeco, 73 F.4th 352 (5th Cir. 2023). · cites it 2× “2 See Tex. Ins. Code §§ 542A.001, _____________________ 1 As to Rodriguez’s § 541 claim, we AFFIRM.”

In Re S. Vanguard Ins. Co. & Compass Adjusting Servs., Inc. v. the State of Texas (Tex. App. 2025). · cites it 3× “See TEX. INS. CODE ANN. §§ 542A.001–.007 (governing certain consumer actions related to claims for property damage).”

Thomas Phillips v. Am. Bankers Ins. Co. of Florida (Tex. App. 2019). · cites it 2× “9; TEX. INS. CODE §§ 542A.001–.007. 2 petition claimed that ABIC breached the insurance policy by refusing to engage in the appraisal process as the policy required.”

Bexar Diversified MF-1 LLC v. Gen. Star Indem. Co. (W.D. Tex. 2019). · cites it 2× “” TEX. INS. CODE § 542A.001. Plaintiff argues that White is “not an individual but an incorporated entity.”

611 Carpenter LLC v. Atl. Cas. Ins. Co. (W.D. Tex. 2023). · cites it 2× “” TEX. INS. CODE § 542A.001(2)(c) (West 2017).”

Herrera v. Amguard Ins. Co. (N.D. Tex. 2025). · cites it 2× “” TEX. INS. CODE § 542A.001(2)(C); id. § 542A.”

in Re Allstate Indem. Co. (Tex. App. 2018). “” See Tex. Ins. Code Ann. §§ 542A.001–.007 (West Supp.”

Louis Rosales, Sr. v. Allstate Veh. & Prop. Ins. Co. (Tex. App. 2023). “(quoting TEX. INS. CODE § 542A.001(2)). Chapter 542A limits a policyholder’s ability to recover attorney’s fees and statutory interest in connection with delayed payments.”

Mario Rodriguez v. Safeco Ins. Co. of Indiana (Tex. 2024). “See TEX. INS. CODE §§ 542A.001–.007. 4 Chapter 542A governs 3 See Saleme v.”

Kahlig Ent v. Affiliated FM (5th Cir. 2024). “Tex. Ins. Code § 542A.001(2)(C). Those claims governed by Chapter 542A are subject to its limitation on attorney’s fees, set out at Section 542A.”

Morakabian v. Allstate Veh. & Prop. Ins. Co. (E.D. Tex. 2023). “TEX. INS. CODE § 542A.001(2). For such claims, the statutory interest rate “on the amount of the claim” is calculated as the amount prescribed by the relevant provision of the Texas Finance Code added to a base of five percent per annum.”

Show all 26 citing cases →

— Tex. Ins. Code § 542A.001(2) — 13 cases

In Re S. Vanguard Ins. Co. & Compass Adjusting Servs., Inc. v. the State of Texas (Tex. App. 2025). “See TEX. INS. CODE ANN. §§ 542A.001–.007 (governing certain consumer actions related to claims for property damage).”

Newcrestimage Holdings, LLC v. The Travelers Lloyds Ins. Co. (N.D. Tex. 2023).

H5R LLC v. Scottsdale Ins. Co. (N.D. Tex. 2023).

— Tex. Ins. Code § 542A.001(2)(A) — 1 case

Viva Inn, Inc. v. Amtrust Fin. Servs. Inc (Bankr. N.D. Tex. 2023).

— Tex. Ins. Code § 542A.001(2)(C) — 4 cases

Herrera v. Amguard Ins. Co. (N.D. Tex. 2025). “” TEX. INS. CODE § 542A.001(2)(C); id. § 542A.”

Kahlig Ent v. Affiliated FM (5th Cir. 2024). “Tex. Ins. Code § 542A.001(2)(C). Those claims governed by Chapter 542A are subject to its limitation on attorney’s fees, set out at Section 542A.”

Yount v. Travelers Pers. Ins. Co. (W.D. Tex. 2024).

Progressive Cnty. Mut. Ins. Co. v. Brian Koetter & Elyssa Parven, Individually, & on Behalf of Themselves & for All Others Similarly Situated (Tex. App. 2024).

— Tex. Ins. Code § 542A.001(2)(c) — 2 cases

611 Carpenter LLC v. Atl. Cas. Ins. Co. (W.D. Tex. 2023). “” TEX. INS. CODE § 542A.001(2)(c) (West 2017).”

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