Loading chat...

TX HB4020

Bill

Status

Introduced

3/7/2025

Primary Sponsor

Richard Hayes

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Expands presuit notice requirements for property damage insurance claims to include a reference to Chapter 542A, detailed description of damage, legal and factual basis for coverage, specific acts or omissions constituting violations, the amount alleged to be owed, attorney's fees with contemporaneous time records, and all supporting documentation such as estimates, invoices, and inspector's reports

  • Shortens inspection timelines from 30 to 15 days for insurers to request property inspection after receiving presuit notice, and from 60 to 30 days to complete the inspection, photographing, or evaluation of the claimed property

  • Allows claimants to temporarily postpone stating a specific dollar amount by indicating they need additional time to evaluate and quantify the claim, but requires the amount stated to be one the claimant will accept as full payment

  • Creates new grounds for abatement of lawsuits when presuit notices do not fully comply with requirements or when claimants request more time to state an amount, and specifies that prejudgment interest and statutory interest do not accrue during abatement periods

  • Prohibits courts from awarding any attorney's fees to claimants who fail to provide presuit notice stating the specific amount owed at least 61 days before filing suit, and allows notice given under the chapter to be admissible in evidence at the option of the party who received it

Legislative Description

Relating to presuit notice and inspection requirements associated with, and certain liability in connection with, certain insurance claims for property damage.

Civil Remedies & Liabilities

Last Action

Referred to Insurance

3/27/2025

Committee Referrals

Insurance3/27/2025

Full Bill Text

No bill text available