Texas insurance bad faith law — codified in Texas Insurance Code Chapters 541 and 542 — provides significant remedies when insurers engage in unfair settlement practices. Here are the three most common red flags that your insurer is crossing the line.
Sign 1: Delays Without Legitimate Reason
Texas Insurance Code § 542.058 sets strict statutory timelines for claim acknowledgment, investigation, and payment. When an insurer sits on your claim without explanation, requests information they've already received, or repeatedly changes adjuster assignments to restart the clock, these delays may constitute bad faith.
Sign 2: Misrepresenting Policy Coverage
Texas Insurance Code § 541.060 prohibits insurers from misrepresenting policy terms, the nature of a claim, or the available coverage. When an adjuster tells you a loss 'isn't covered' without correctly applying your policy language, that misrepresentation may be actionable bad faith.
Sign 3: Failing to Conduct a Reasonable Investigation
Insurers have an affirmative duty to investigate claims thoroughly and fairly. An adjuster who spends minimal time at your property, refuses to consider your evidence, or uses biased experts may not have fulfilled the investigative duty Texas law requires.