Tex.
Ins. Code Section 2301.010
Contractual Limitations Period and Claim Filing Period in Certain Property Insurance Forms
(a)
This section applies only to an insurer that issues windstorm and hail insurance in the catastrophe area, as defined by Section 2210.003 (General Definitions).(b)
Notwithstanding Section 16.070 (Contractual Limitations Period), Civil Practice and Remedies Code, and for the purpose described by Section 2210.053 (Operation of Association)(b), a policy form or printed endorsement form for residential or commercial property insurance that is filed by an insurer described by Subsection (a) or adopted by the department under this subchapter for use by an insurer described by Subsection (a) may provide for a contractual limitations period for filing suit on a first-party claim under the policy. The contractual limitations period may not end before the earlier of:(1)
two years from the date the insurer accepts or rejects the claim; or(2)
three years from the date of the loss that is the subject of the claim.(c)
A policy or endorsement described by Subsection (b) may also contain a provision requiring that a claim be filed with the insurer not later than one year after the date of the loss that is the subject of the claim. A provision under this subsection must include a provision allowing the filing of claims after the first anniversary of the date of the loss for good cause shown by the person filing the claim.(d)
A contractual provision contrary to Subsection (b) or (c) is void. If a contractual provision is voided under this subsection, the voiding of the provision does not affect the validity of other provisions of a contract that may be given effect without the voided provision to the extent those provisions are severable.(e)
The department, to encourage the authorized insurers to write windstorm and hail insurance in the catastrophe area, as defined by Section 2210.003 (General Definitions), and in other areas of the state, may approve policy or contractual provisions other than those described by Subsections (b) and (c) that are consistent with sound underwriting and insurance principles, provided that the policy or contractual provisions meet the requirements of Sections 2301.007 (Disapproval of Forms; Withdrawal of Approval)(a) and 2301.053 (Requirements for Forms; Plain-language Requirement).(f)
An insurer using a policy form or endorsement form in this state that includes a provision described by Subsection (b) or (c) shall, at the time the policy or endorsement is issued or renewed, disclose in writing to an applicant or insured the contractual limitations or claims filing period, as applicable, in the policy or endorsement.
Source:
Section 2301.010 — Contractual Limitations Period and Claim Filing Period in Certain Property Insurance Forms, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.2301.htm#2301.010 (accessed Jun. 5, 2024).
