Originally published by Patrick McGinnis.
There are times when public insurance adjusters or lawyers representing policyholders get claims where the policyholder did not discover damage until some time after the actual date of loss. For example, property owners sometimes don’t discover their hail damage until they experience leaks and ask a public insurance adjuster or roofing contractor to inspect their roof. This may be a year after the actual hailstorm that caused the damage. Setting aside issues of prompt notice, which I have discussed in several previous blogs, what are the rules in Texas as to when the claim is dead and it is too late to file suit?
A recent fire case out of the Galveston Division of the Southern District of Texas is a good primer on the state of the law on these issues.1 The relevant dates in Grayson are as follows:
09/22/2009 – Date of loss
06/04/2010 – Letter from Lexington saying it made “final determinations” and paying ACV funds and holding back RCV funds
11/08/2010 -…
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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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