Insurance attorneys know about the statutory requirements of making a claim. These rules can be looked up in the Texas Insurance Code. The problem arises when the insurance companies do not comply with these rules. So, what are some of these rules.
Start with Texas Insurance Code, Section 542.056(a). This statute requires an insurance company to give written notice it is accepting or rejecting a claim. A telephone call from the insurance company adjuster notifying the insured of the amount of the loss will not constitute “notice of payment of claim, because the statute requires that the acceptance or rejection be in writing. This writing requirement is discussed in the Houston Court of Appeals [14th Dist.] opinion styled Daugherty v. American Motorists Insurance Company.
However, an insurance company’s written response acknowledging only that a claim has been received does not constitute an acceptance or rejection under the statute according to a Corpus Christi Court of Appeals opinion styled, Northern County Mutual Insurance Company v. Davalos.