PLEASE FORWARD THIS TO ANYONE WHO MAY NEED IT
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The last thing victims of Harvey likely are thinking about right now is insurance claims.
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But some lawyers are urging the countless Texans whose homes and businesses were damaged from the hurricane and ongoing flooding to file initial insurance paperwork before Friday, September 1.
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Any claims initiated by then fall under current law. Any claims made Friday or beyond fall under a new law House Bill 1774 that some fear will make it harder for Texans to receive some insurance payments.
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http://www.star-telegram.com/news/politics-government/state-politics/article169848257.html
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http://www.insuranceclaimrecoverysupport.com/public-adjuster-press-releases/new-texas-insurance-laws-effective-912017/

https://setexasrecord.com/stories/511190444-judge-sanctions-voss-law-for-handling-of-hail-suit-finds-firm-hijacked-litigation-for-own-benefit

It's my understanding that this legislation significantly lowers the existing 18% penalty in favor of the insured if the insurer unreasonably delays proper payment. I believe the new penalty is approximately 9%. Remember, the Notice of Claim must be in writing and should be sent be certified mail return receipt, facsimile or some type of mail in which you can demonstrate delivery and receipt by the insurance company prior to September 1. There are a few examples of Notice of Claims publicly available, here is one:

NOTICE OF CLAIM

Name of Homeowner or Insured:
Phone Number:
Policy Number:
Date of Loss:
Property Address:
Insurance Company
To Whom It May Concern:

Pursuant to the Texas Insurance Code Section 542 and all other applicable law, the purpose of this Notice of Claim is to provide timely and formal written notice of claim for the property listed above. The Howeowner or Insured has received damage as set forth more fully below. Please formally acknowledge receipt of this notice of claim, commence the claims process and investigation and contact me regarding any required documentation or statements needed to advance and process this claim.

Signed by Howeowner:

Many insurance companies have already began this process and have contacted homeowners in Rockport and the Coastal Bend areas, I'm not sure how its being handled in Houston. I'm not expressing an opinion on the legislation, herein, only providing information. Nothing herein constitutes legal advice, shall be the basis for an attorney client relationship or is privileged. You should all consult an attorney with any legal questions.

God Bless and Good Luck Ags,

Christopher C. Rosas
210-669-4696

Limits it to 10%, down from 18%.

I have a friend that had been flooded three times in five years (lives on meyerland area). He says to file now even if full extent of damage not yet known.

Also think about getting on waiting lists of things you will need asap. Drying/blowers, rental cars, etc. these things will get reserved fast.

My prayers are with you all. Supposed to be in Houston whole month of september. If I can get there and get around am still coming. Will be volunteering.

Wish I could do more.

I have two friends who are with Pureclean that can help with water, mold, etc. remediation.

Hotard06 said:

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After reading that article, I think the outcry from the lawyers on this has more to do with the limiting of the attorney fees than with true concern for peoples claims, since it looks like one of the main selling points of the law was for more of the money to go to the actual claimant who needed it and not the lawyers.

They want to make sure as many claims from this storm are under the old rules that give them a higher percentage.

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No, it's the dropping of interest from 18% to 10% for people that could potentially spend years trying to recover what they are owed by insurance companies.

The Wonderer said:

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Hotard06 said:

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After reading that article, I think the outcry from the lawyers on this has more to do with the limiting of the attorney fees than with true concern for peoples claims, since it looks like one of the main selling points of the law was for more of the money to go to the actual claimant who needed it and not the lawyers.

They want to make sure as many claims from this storm are under the old rules that give them a higher percentage.

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No, it's the dropping of interest from 18% to 10% for people that could potentially spend years trying to recover what they are owed by insurance companies.

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The only time these type of claims drag out is when lawyers get involved when a lawyer isn't needed. Just an FYI

Aggie_3 said:

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The Wonderer said:

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Hotard06 said:

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After reading that article, I think the outcry from the lawyers on this has more to do with the limiting of the attorney fees than with true concern for peoples claims, since it looks like one of the main selling points of the law was for more of the money to go to the actual claimant who needed it and not the lawyers.

They want to make sure as many claims from this storm are under the old rules that give them a higher percentage.

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No, it's the dropping of interest from 18% to 10% for people that could potentially spend years trying to recover what they are owed by insurance companies.

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The only time these type of claims drag out is when lawyers get involved when a lawyer isn't needed. Just an FYI

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Ok, because insurance companies always pay fast and what the should from the very beginning.

Aggie_3 said:

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Stop spreading false information the lawyers are pissed off by this bill because they can't file trivial lawsuits any longer that in turn cause consumers rates to go up.

https://www.dallasnews.com/opinion/commentary/2017/08/29/believe-misleading-social-media-posts-stoking-fear-insurance-claims-texas

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From the bottom of the article. TOTALLY not on the insurance side.

Quote:

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David A. Sampson is the president and chief executive officer of the Property Casualty Insurers Association of America. Website: pciaa.net

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Aggie_3 said:

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The point of this legislation was to stop Law firms from using runners in neighborhoods and having people sign agreements for these law firms to file on their behalf that then in turn drag out these trivial lawsuits for years to rack up attorney fees that they pass on to the insurance. I have two clients in San Antonio I can't even speak to or help with their claims that they filed in 2016 because they are part of a class action that they didn't even realize was going to happen. They were told by the law firms runner that they were signing up to be helped with expediting the filing and handling of their claim. It's now August of 2017 and they still don't have a new roof it still has tarps on it and they are being sued by the HOA. And guess what if they try to leave the lawsuit they get sued by law firm. This has been happening for years and why Texas has some of the highest home owner rates in the Country.

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So you're in insurance..

the point being there are bad actors on both sides, but to think this doesn't solely benefit the insurance companies is completely closed minded.

The Wonderer said:

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Aggie_3 said:

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The point of this legislation was to stop Law firms from using runners in neighborhoods and having people sign agreements for these law firms to file on their behalf that then in turn drag out these trivial lawsuits for years to rack up attorney fees that they pass on to the insurance. I have two clients in San Antonio I can't even speak to or help with their claims that they filed in 2016 because they are part of a class action that they didn't even realize was going to happen. They were told by the law firms runner that they were signing up to be helped with expediting the filing and handling of their claim. It's now August of 2017 and they still don't have a new roof it still has tarps on it and they are being sued by the HOA. And guess what if they try to leave the lawsuit they get sued by law firm. This has been happening for years and why Texas has some of the highest home owner rates in the Country.

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So you're in insurance..

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Yes I am a State Farm Agent.

The Wonderer said:

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Aggie_3 said:

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The point of this legislation was to stop Law firms from using runners in neighborhoods and having people sign agreements for these law firms to file on their behalf that then in turn drag out these trivial lawsuits for years to rack up attorney fees that they pass on to the insurance. I have two clients in San Antonio I can't even speak to or help with their claims that they filed in 2016 because they are part of a class action that they didn't even realize was going to happen. They were told by the law firms runner that they were signing up to be helped with expediting the filing and handling of their claim. It's now August of 2017 and they still don't have a new roof it still has tarps on it and they are being sued by the HOA. And guess what if they try to leave the lawsuit they get sued by law firm. This has been happening for years and why Texas has some of the highest home owner rates in the Country.

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So you're in insurance..

the point being there are bad actors on both sides, but to think this doesn't solely benefit the insurance companies is completely closed minded.

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It benefits the insured 100 percent as they now have to know and give 60 days notice of filing suit so that the insurance company can remediate the complaint before it going to a lawsuit.

The Wonderer said:

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Hotard06 said:

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After reading that article, I think the outcry from the lawyers on this has more to do with the limiting of the attorney fees than with true concern for peoples claims, since it looks like one of the main selling points of the law was for more of the money to go to the actual claimant who needed it and not the lawyers.

They want to make sure as many claims from this storm are under the old rules that give them a higher percentage.

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No, it's the dropping of interest from 18% to 10% for people that could potentially spend years trying to recover what they are owed by insurance companies.

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So in the end they are still made whole and then some extra for their trouble. Except now they get to keep a higher percentage of the final award. It probably washes out as to what the original claimant ultimately gets, but will lower what plaintiff attorneys get, especially if they are greedy and go in asking for ridiculous amounts.

From what I've read, this doesn't even apply to flood insurance from FEMA.

From Texas Monthly:

Quote:

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Still, this new law won't affect the bulk of policy holders. As the Texas Tribune notes, most homeowners' policies don't cover flooding in Texas. And the ones that do are usually through National Flood Insurance Program, which is not subject to state regulations.

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Aggie_3 said:

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Also any claim filed in regard to Harvey will fall under old rule no matter when filed as the way insurance files Cat claims is to the date of the storm not to when it was filed. How about people knowing facts before posting scare tactics on here.

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Actually, the law states that CLAIMS must be filed before 9/1 one; it is not based on occurrence of peril. Look up Section 4 of the enrolled language of HB 1774.

See also:
http://www.texaswatch.org/protectpolicyholders?fref=gc&dti=1537741396458610

Diggity said:

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From what I've read, this doesn't even apply to flood insurance from FEMA.

From Texas Monthly:

Quote:

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Still, this new law won't affect the bulk of policy holders. As the Texas Tribune notes, most homeowners' policies don't cover flooding in Texas. And the ones that do are usually through National Flood Insurance Program, which is not subject to state regulations.

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Correct it also doesn't apply to any claim regarding harvey

Diggity said:

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From what I've read, this doesn't even apply to flood insurance from FEMA.

From Texas Monthly:

Quote:

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Still, this new law won't affect the bulk of policy holders. As the Texas Tribune notes, most homeowners' policies don't cover flooding in Texas. And the ones that do are usually through National Flood Insurance Program, which is not subject to state regulations.

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For home, yes. But wind and car flood damages will fall under state law, not federal.

Man I'm not going to keep arguing with you Cat weather claims are different than normal everyday claims and are handled differently. They are dated to date of storm they do this for situations just like Harvey for when you can be sitting in a shelter and not even know if you have any damage.

They mention windstorm issues as well. Seems to be a bit more ambiguity there. In the end, it doesn't seem to warrant that amount of panic this topic seems to be causing.

I don't think car claims are typically the ones that drag on "for years" but I'm speculating there.

Quote:

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Winslow said the new law may not affect federal flood insurance or windstorm policies held on the coast by the Texas Windstorm Insurance Association, a state-run consortium that provides hurricane coverage on the immediate coast. But Winslow said that because of uncertainty in the new law, the trial lawyers association is urging everyone to be safe rather than sorry, and file a notice with their insurance carrier before Friday.

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http://www.texasmonthly.com/burka-blog/heres-file-hurricane-harvey-insurance-claim-friday/

What percentage of claims ever go to a lawsuit?

Aggie_3 said:

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Man I'm not going to keep arguing with you Cat weather claims are different than normal everyday claims and are handled differently. They are dated to date of storm they do this for situations just like Harvey for when you can be sitting in a shelter and not even know if you have any damage.

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Well, then I guess filing before 9/1 as precaution doesn't hurt, does it? I'd much rather be safe than sorry.

DadAG10 said:

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What percentage of claims ever go to a lawsuit?

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I don't know.

Aggie_3 said:

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The Wonderer said:

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Aggie_3 said:

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The point of this legislation was to stop Law firms from using runners in neighborhoods and having people sign agreements for these law firms to file on their behalf that then in turn drag out these trivial lawsuits for years to rack up attorney fees that they pass on to the insurance. I have two clients in San Antonio I can't even speak to or help with their claims that they filed in 2016 because they are part of a class action that they didn't even realize was going to happen. They were told by the law firms runner that they were signing up to be helped with expediting the filing and handling of their claim. It's now August of 2017 and they still don't have a new roof it still has tarps on it and they are being sued by the HOA. And guess what if they try to leave the lawsuit they get sued by law firm. This has been happening for years and why Texas has some of the highest home owner rates in the Country.

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So you're in insurance..

the point being there are bad actors on both sides, but to think this doesn't solely benefit the insurance companies is completely closed minded.

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It benefits the insured 100 percent as they now have to know and give 60 days notice of filing suit so that the insurance company can remediate the complaint before it going to a lawsuit.

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You've got to be kidding me.

aggiebq03+ said:

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The Wonderer said:

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So you're in insurance...

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Said the lawyer...

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I'm a corporate lawyer; I don't play in the litigation world. I don't benefit one way or the other on this legislation, but I did file my claims on my property damage already.

The Wonderer said:

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aggiebq03+ said:

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The Wonderer said:

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So you're in insurance...

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Said the lawyer...

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I'm a corporate lawyer; I don't play in the litigation world. I don't benefit one way or the other on this legislation, but I did file my claims on my property damage already.

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If you don't know details about the law or the rules around it. Please stop posting as though you do. People know you are a lawyer and therefore assume (incorrectly I know) that you know what you are talking about.

Thanks.

aggiebq03+ said:

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The Wonderer said:

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aggiebq03+ said:

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The Wonderer said:

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So you're in insurance...

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Said the lawyer...

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I'm a corporate lawyer; I don't play in the litigation world. I don't benefit one way or the other on this legislation, but I did file my claims on my property damage already.

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If you don't know details about the law or the rules around it. Please stop posting as though you do. People know you are a lawyer and therefore assume (incorrectly I know) that you know what you are talking about.

Thanks.

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Just because I don't practice it does not mean I do not know. I said I don't not benefit from it, but as my job requires, I stay abreast of several different areas of law.

This is pretty clearly not one of the areas you know about. Based on posting history this week.