Omar Ochoa Law Firm represents Texas property owners in a wide range of first-party insurance disputes against carriers who unfairly deny, delay, or underpay valid claims. Below are the property insurance issues we see most often, each with its own coverage rules and common carrier tactics.
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Texas law requires insurance providers to act in good faith when handling property claims. Unfortunately, some insurance companies engage in bad faith tactics to avoid paying what they owe on a property damage claim. Here are some red flags that your insurance carrier may be acting in bad faith:
If you recognize any of these signs, don't wait to take action. Contact the experienced property insurance litigation attorneys at Omar Ochoa Law Firm. We'll help you understand your rights and fight to get you the full compensation you deserve.
Cut through the confusion and get the help you need with the assistance of our accomplished property insurance lawyers in Austin.
Dealing with a property insurance claim after a loss can be stressful. Here's how our process works, from the moment you contact us to the moment your case is resolved:
With Omar Ochoa Law Firm on your side, you'll have a dedicated team looking out for your interests at every step of the legal process.
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Our attorneys represent homeowners and business owners throughout Central Texas, from properties in downtown Austin to homes and businesses in the surrounding communities, whenever storms, hail, or fire cause a loss significant enough to bring a carrier into the picture.
A denied roof claim or a lowball fire settlement isn't the end of the road. Texas law gives property owners real standing against carriers who won't pay what a policy promises, and Omar Ochoa Law Firm knows how to use it. Schedule a free consultation to find out what your claim is really worth.

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Texas doesn't set one single statewide deadline for reporting a property claim. Most policies contain language that require "prompt" notice, and waiting too long can itself give a carrier grounds to deny. If a dispute ends up in court, breach-of-contract claims on a policy generally must be filed within four years of the loss. The safest approach is to report the damage as soon as it happens and keep dated records of every communication with your carrier.
Under the Texas Prompt Payment of Claims Act (Tex. Ins. Code § 542.055), your carrier must acknowledge your claim, start its investigation, and request any documents it needs within 15 calendar days of getting notice of the loss.
Flood damage is excluded from standard homeowners and commercial property policies in Texas, no matter which carrier you have. Covering it requires a separate flood policy, typically through the National Flood Insurance Program or a private flood insurer. Mold is handled differently: it's usually covered only when it results directly from a sudden, covered event, like a burst pipe, and even then most policies cap the payout at a mold sublimit, often in the $5,000 to $10,000 range. Texas insurers must also offer an optional buyback endorsement that raises mold coverage to 25%, 50%, or 100% of your dwelling limit. Mold caused by flooding, gradual leaks, or long-term humidity is excluded either way.
Document the damage with photos or video before making any repairs, keep receipts for any emergency mitigation work (like tarping a roof), report the loss to your carrier promptly, and avoid signing a settlement or giving a recorded statement before you understand what your claim is actually worth. An attorney can review your policy early, before the carrier's tactics shape the outcome.
Yes. You aren't required to accept a settlement offer you believe is too low. You can negotiate directly with the carrier, invoke your policy's appraisal clause to get an independent valuation, or, if the carrier is acting in bad faith, pursue a claim under the Texas Insurance Code for damages beyond what the policy would otherwise pay.
Insurance Litigation
Published:
March 28, 2024
By
Omar Ochoa