Notice of Loss and Texas Insurance Code §542A — Deadlines You Cannot Miss
The Texas Insurance Code puts hard deadlines on both sides. Miss one and your leverage evaporates.
Notice of the loss to the carrier should be given as soon as reasonably possible. The one-year outer limit for filing suit under Texas Insurance Code Chapter 542A runs from the date of loss (or, in some readings, the date the loss is discovered) — but the practical deadline is much earlier because of proof-of-loss requirements and policy limitation periods.
Chapter 542A also creates a pre-suit notice requirement: at least 61 days before filing suit, the insured must send the carrier a written notice describing the claim, the specific amount alleged to be owed, and reasonable attorney's fees to date. Skipping the 542A notice risks abatement or reduction of attorney's fees.
The Prompt Payment of Claims Act (Chapter 542, sometimes called §542A statutory interest) requires carriers to acknowledge, investigate, and pay claims on a defined timeline. Late payment triggers 18% interest and attorney's fees.
Bottom line: notify the carrier in writing, document everything, and start the clock deliberately. If any of these deadlines are approaching, get a licensed public adjuster on the file before the calendar runs against you.