Practice area

Insurance Law Attorneys in Texas

7 min read

  • 3 firms listed
  • 3 questions answered

When a business or homeowner files a claim, the policy and Texas law set the rules for how the insurer must respond. The Texas Insurance Code prohibits unfair claim settlement practices and sets prompt payment deadlines, and weather-related property claims follow an additional set of rules in Chapter 542A that change interest, notice, and attorney’s fees. Federal flood claims and Texas Windstorm Insurance Association (TWIA) claims follow their own regimes.

Disputes come up across almost every kind of coverage: storm damage to homes and commercial buildings, liability coverage for lawsuits, business interruption, professional liability, and cyber. The Texas Department of Insurance regulates insurers, but individual claim disputes are resolved through negotiation, appraisal, or litigation. Construction defect and storm repair disputes are covered in the guide to construction law attorneys in Texas, and other business suits in the guide to commercial litigation attorneys in Texas.

What Insurance Law Attorneys Handle

Claim Denials, Delays, and Bad Faith

When an insurer denies a valid claim, delays without a reasonable basis, or underpays, policyholders may have claims for breach of contract, under the Insurance Code, and for breach of the common-law duty of good faith and fair dealing. Insurance Code Chapter 541 claims must generally be brought within two years after the unfair practice occurred or was, or reasonably should have been, discovered (§ 541.162). Attorneys review the claim file and the insurer’s handling and pursue recovery through negotiation or litigation.

Weather and Property Damage Claims

Chapter 542A applies to first-party claims under property policies for damage caused wholly or partly by forces of nature, including hurricanes, hail, wind, floods, tornadoes, wildfire, and rainstorms. A claimant must give the insurer written notice at least 61 days before filing suit, stating the acts giving rise to the claim, the specific amount allegedly owed, and attorney’s fees incurred to date (§ 542A.003). Presuit notice is not required if giving it is impracticable because the claimant reasonably believes there is not enough time before limitations expires, or because the claim is asserted as a counterclaim (§ 542A.003(d)). Prompt payment interest in these cases is the post-judgment interest rate plus five percent, not 18 percent (§ 542.060(c)), and the attorney’s fees a claimant can recover may be limited based on how the judgment compares with the amount demanded in the notice (§ 542A.007). Chapter 542A does not apply to TWIA.

Flood and Coastal Windstorm Claims

Claims under the National Flood Insurance Program are governed by federal law, and a suit on a disallowed claim generally must be filed within one year after the date the notice of disallowance is mailed (42 U.S.C. § 4072). TWIA claims follow separate Insurance Code procedures and deadlines. Attorneys identify which regime applies before deadlines run.

Coverage Analysis and Insurance Defense

Coverage disputes turn on exclusions, limits, deductibles, and whether a loss falls within the policy. Attorneys write coverage opinions and litigate coverage. When a liability policy applies, the insurer typically has duties to defend and indemnify, and defense counsel represents the insured in the underlying lawsuit.

Commercial Coverage

Businesses carry commercial general liability, property and business interruption, directors and officers, errors and omissions, and cyber policies. Attorneys review programs for gaps, negotiate terms, and pursue claims after losses.

How to Choose an Insurance Law Attorney

Which side. Most insurance lawyers represent either policyholders or insurers. Choose one who regularly represents your side.

Coverage type. Property, liability, and professional liability claims are different. Ask about experience with your type of policy and loss.

Litigation record. Insurers may take a claim more seriously when policyholder counsel has a credible trial record. Ask about trials, not only settlements.

Fee structure. Policyholder attorneys often take claims on contingency; coverage opinions and defense work are usually hourly.

Texas Insurance Law Attorneys

Hendershot Cowart P.C.

Location: Houston, Texas

Website: https://www.hchlawyers.com

Phone: 713-783-3110

This Houston firm represents policyholders in insurance coverage disputes and bad faith claims, bringing over 100 years of combined attorney experience to these matters. The practice handles commercial and personal lines disputes, including property claims, liability coverage issues, and business interruption losses. Attorneys analyze policy provisions, document insurer misconduct, and pursue full recovery through negotiation or litigation. The firm emphasizes prompt, personal attention throughout the claim process.

Practice Focus:

  • Bad faith insurance claims
  • Commercial coverage disputes
  • Property insurance litigation
  • Policy interpretation and analysis
  • Indemnity and additional insured issues

Thompson Coe Cousins & Irons LLP

Location: Dallas, Houston, Austin, San Antonio (statewide)

Website: https://www.thompsoncoe.com

Phone: 214-871-8200

Thompson Coe has represented insurance industry clients for over 70 years, earning consistent recognition from Chambers USA as a leading Texas insurance firm. The practice handles coverage litigation, bad faith defense, property claims, and class action defense across all policy types. Attorneys have defended insurers through major catastrophic events including Hurricanes Harvey, Katrina, Rita, Ike, and Dolly. The firm combines deep insurance law knowledge with trial experience across state and federal courts nationwide.

Practice Focus:

  • Insurance coverage litigation
  • Bad faith and extra-contractual defense
  • Property and catastrophic loss claims
  • Insurance class action defense
  • Stowers litigation and settlement

Law Office of Mark A. Ticer

Location: Dallas, Texas

Website: https://www.ticerlawfirm.com

Phone: 214-219-4220

Attorney Mark Ticer has focused on insurance coverage disputes for over 35 years, representing policyholders against insurers across all coverage types. The practice handles homeowners, auto, liability, disability, life, health, and ERISA-governed employee benefit claims. In addition to litigation, the firm provides expert consulting and testimony on insurance coverage, claim handling, and industry practices. The straightforward approach emphasizes thorough preparation that often leads to favorable settlements before trial.

Practice Focus:

  • All coverage types including property, liability, life, health, disability
  • ERISA employee benefit claims
  • Bad faith and unfair claim practices
  • Insurance coverage expert testimony
  • Commercial litigation and consumer claims

Costs and Fees

Policyholder attorneys commonly work on contingency, taking a percentage of the recovery, and the Insurance Code allows recovery of attorney’s fees in some cases, subject to the Chapter 542A limits for weather claims. Coverage opinions and commercial coverage disputes are usually billed hourly. Insurance defense counsel is typically paid by the insurer under its panel rates. Ask for a written fee agreement that explains how fee awards are handled.

Frequently Asked Questions

What constitutes insurance bad faith in Texas?

An insurer can be liable for unreasonably denying or delaying payment when its liability has become reasonably clear, or for failing to conduct a reasonable investigation. Chapter 541 of the Insurance Code prohibits unfair claim settlement practices and provides remedies including actual damages, attorney’s fees, and up to three times actual damages for knowing violations. Suit must generally be filed within two years (§ 541.162).

What is the Texas Prompt Payment of Claims Act?

It is Subchapter B of Insurance Code Chapter 542. An insurer must acknowledge a claim, begin its investigation, and request needed items within 15 days after notice of the claim (30 business days for an eligible surplus lines insurer) (§ 542.055). It must accept or reject the claim within 15 business days after receiving all requested items, or 30 days if it reasonably suspects arson; if it needs more time, it must say why, and then decide within 45 days (§ 542.056). It must pay an accepted claim within five business days, or 20 business days for an eligible surplus lines insurer (§ 542.057). For most claims, a violation makes the insurer liable for 18 percent annual interest plus attorney’s fees. For weather-related property claims under Chapter 542A, the rate is the post-judgment interest rate plus five percent, and pre-suit notice and fee limits apply (§§ 542.060, 542A.003, 542A.007).

Can I sue my insurance company for denying my claim?

Yes, if the denial was wrong. Claims can include breach of contract, Insurance Code violations, and in some cases the Deceptive Trade Practices Act. Watch the deadlines: two years for Chapter 541 claims, policy-specific limits, the 61-day notice before suit for weather claims (with exceptions when limitations is about to run or the claim is a counterclaim), and one year after a written disallowance for NFIP flood claims. For personal auto and residential property policies delivered, issued for delivery, or renewed on or after January 1, 2026, Insurance Code Chapter 1813, added by Senate Bill 458 (2025), requires an appraisal process for disputed losses.

Sources

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.