Sec. 542A.007. AWARD OF ATTORNEY'S FEES. (a) Except as otherwise provided by this section, the amount of attorney's fees that may be awarded to a claimant in an action to which this chapter applies is the lesser of:
(1) the amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action;
(2) the amount of attorney's fees that may be awarded to the claimant under other applicable law; or
(3) the amount calculated by:
(A) dividing the amount to be awarded in the judgment to the claimant for the claimant's claim under the insurance policy for damage to or loss of covered property by the amount alleged to be owed on the claim for that damage or loss in a notice given under this chapter; and
(B) multiplying the amount calculated under Paragraph (A) by the total amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action.
(b) Except as provided by Subsection (d), the court shall award to the claimant the full amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action if the amount calculated under Subsection (a)(3)(A) is:
(1) greater than or equal to 0.8;
(2) not limited by this section or another law; and
(3) otherwise recoverable under law.
(c) The court may not award attorney's fees to the claimant if the amount calculated under Subsection (a)(3)(A) is less than 0.2.
(d) If a defendant in an action to which this chapter applies pleads and proves that the defendant was entitled to but was not given a presuit notice stating the specific amount alleged to be owed by the insurer under Section 542A.003(b)(2) at least 61 days before the date the action was filed by the claimant, the court may not award to the claimant any attorney's fees incurred after the date the defendant files the pleading with the court. A pleading under this subsection must be filed not later than the 30th day after the date the defendant files an original answer in the court in which the action is pending.
Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.
Notes of Decisions
Cited in
57
cases (
49 in the last 5 years), 2020–2025 · leading case:
Rodriguez v. Safeco, 73 F.4th 352 (5th Cir. 2023).
Rodriguez v. Safeco, 73 F.4th 352 (5th Cir. 2023).
“Tex. Ins. Code § 542A.007(a). While the Texas Supreme Court has previously held that payment of an appraisal award does not eliminate a policyholder’s ability to collect TPPCA damages, such as attorney’s fees, see Barbara Techs.”
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
· cites it 8× “Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
Viva Inn, Inc. v. Amtrust Fin. Servs. Inc (Bankr. N.D. Tex. 2023).
· cites it 6× “00 in business income losses without providing supporting documents or any explanation as to how the losses were calculated.”
Janise v. United Prop. & Cas. Ins. Co. (E.D. Tex. 2021).
· cites it 5× “TEX. INS. CODE § 542A.007(d). UPC does not take issue with the magistrate judge’s finding that Janise failed to provide sufficient presuit notice as required by § 542A.”
Homeowners of Am. Ins. Co. v. Emilio Menchaca (Tex. App. 2025).
· cites it 5× “t recover on his contract or extra- contractual counterclaims, (2) mental anguish that allegedly results from the denial of an insurance claim, as in this case, is not a recoverable “independent injury” and Menchaca failed to present legally sufficient evidence of mental…”
Sarwar v. Gen. Star Indem. Co. (N.D. Tex. 2023).
· cites it 3× “General Star contends that Sarwar did not provide adequate pre-suit notice under Texas Insurance Code section 542A.007(d), and therefore, Sarwar cannot recover attorney’s fees.”
Brohlin v. Meridian Sec. Ins. Co. (N.D. Tex. 2023).
· cites it 3× “(See ECF 1-2); see also Tex. Ins. Code § 542A.007(d). Specifically, the Brohlins’ Original Petition in state court asserted claims for breach of contract, violations of Chapter 541 of the Texas Insurance Code, and bad faith.”
— Tex. Ins. Code § 542A.007(a) — 12 cases
Rodriguez v. Safeco, 73 F.4th 352 (5th Cir. 2023).
“Tex. Ins. Code § 542A.007(a). While the Texas Supreme Court has previously held that payment of an appraisal award does not eliminate a policyholder’s ability to collect TPPCA damages, such as attorney’s fees, see Barbara Techs.”
— Tex. Ins. Code § 542A.007(a)(1) — 2 cases
— Tex. Ins. Code § 542A.007(a)(3) — 3 cases
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
“Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
— Tex. Ins. Code § 542A.007(a)(3)(A) — 11 cases
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
“Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
— Tex. Ins. Code § 542A.007(a)(3)(B) — 1 case
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
“Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
— Tex. Ins. Code § 542A.007(b) — 2 cases
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
“Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
— Tex. Ins. Code § 542A.007(c) — 3 cases
Mantzuranis v. State Farm Lloyds (N.D. Tex. 2022).
“Tex. Ins. Code § 542A.007(a)(3). Using the terms in the statute, if the Judgment is less than 20% of the Notice Amount, the claimant may not recover Reasonable Attorney’s Fees.”
Homeowners of Am. Ins. Co. v. Emilio Menchaca (Tex. App. 2025).
“t recover on his contract or extra- contractual counterclaims, (2) mental anguish that allegedly results from the denial of an insurance claim, as in this case, is not a recoverable “independent injury” and Menchaca failed to present legally sufficient evidence of mental…”
— Tex. Ins. Code § 542A.007(d) — 31 cases
Janise v. United Prop. & Cas. Ins. Co. (E.D. Tex. 2021).
“TEX. INS. CODE § 542A.007(d). UPC does not take issue with the magistrate judge’s finding that Janise failed to provide sufficient presuit notice as required by § 542A.”
Sarwar v. Gen. Star Indem. Co. (N.D. Tex. 2023).
“General Star contends that Sarwar did not provide adequate pre-suit notice under Texas Insurance Code section 542A.007(d), and therefore, Sarwar cannot recover attorney’s fees.”
Brohlin v. Meridian Sec. Ins. Co. (N.D. Tex. 2023).
“(See ECF 1-2); see also Tex. Ins. Code § 542A.007(d). Specifically, the Brohlins’ Original Petition in state court asserted claims for breach of contract, violations of Chapter 541 of the Texas Insurance Code, and bad faith.”
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