For the longest time, homeowners have struggled to obtain payment from their insurance companies for the damage their home sustained from normal wear and tear and even natural disasters. While insurers are full of promises when a homeowner first signs and agrees to the terms set forth in their policy, they quickly learn how deceiving some companies really are after they file their first claim.
However, despite the obstacles homeowners have had to deal with, they could always rely on a dependable insurance claims attorney who could help them file a claim against these companies to hold them accountable when they wrongfully denied a claim or delayed processing it for an extended period of time. Unfortunately, HB 1774 was passed in Texas, which is referred to as the “Blue Tarp Law” or “Blue Tarp Bill” and has only it more difficult for those who own property that has sustained damage primarily from wind and hail to file suit against these insurance companies.
The truth is, the reason the bill earned its name is because it is expected to leave many homes and other types of properties with blue tarps on them. While most people assume that a blue tarp implies the home is being worked on, in some cases, it is quite the opposite. These blue tarps are actually left dangling from the rooftops and other areas of Texas homes simply because the homeowner’s claim was not paid and they could not afford the repairs their home needed. So, the home remains covered with a tarp to protect it from further damage.
What else do I need to know about the Blue Tarp Law, or HB 1774?
HB 1774, which is geared toward protecting insurance companies from being sued regardless of whether they denied a legitimate claim, prolonged paying it for months, or outright rejected it, also adds a layer of immunity over these companies. So, rather than prompting insurers to handle claims fairly, it simply only encourages them to continue engaging in the unfair practices they have been for years. But, advocates of the bill would disagree. According to Corpus Christi 101, the law is expected to help reduce the number of lawsuits that are filed against insurance companies because they have been seeing an influx of them since 2012.
Since that time, approximately 36,000 lawsuits were filed against companies for “slow or no pay on storm damages.” But, if these companies didn’t receive this protection, they would be forced to “stop writing hailstorm damage policies in storm-prevalent areas of the state.” But, couldn’t these companies avoid a lawsuit entirely if they just handled the processing of these claims properly?
What are some of the proponents included in HB 1774?
Aside from knowing how devastating the Blue Tarp Law can be to a homeowner in Texas, there are also some other proponents of the law you should become aware of as well.
- If you have a property damage claim that has been denied or delayed and wish to file suit against your insurer, your TX insurance claim denial attorney must “file a notice letter with an insurance company within 61 days prior to a lawsuit being filed.” The lawyer must indicate in the letter “acts and omissions” that justify the claim as well as the amount of damages suffered.
- If you file suit without submitting the initial notice, you risk having your claim delayed even longer. According to the source, “the notice provision allows inspection of the property and provides additional time for insurance companies to avoid litigation by settling the dispute.” This means that notice would give insurance adjusters another opportunity to inspect the property, which means they are given another chance to correct their mistake rather than serve the consequences for making it.
- HB 1774 also reduces interest on unpaid claims from 18 percent to eight percent when the insurer is found liable for not paying a valid claim.
The fact is, in today’s society, homeowners, or the “little people” are no longer put first. With insurance companies bringing in significant revenue, they have gained the backing of Texas legislatures and courts and are now being protected more than ever so they can continue to profit. One Texas attorney even said that the government would rather distract voters with laws that target abortion or bathroom usage laws so that they can pass more laws like the Blue Tarp Law behind our backs that would allow them to make more money.
Was your property damage claim denied in Texas? Let USAttorneys.com find a TX insurance claim denial attorney now who can help with this issue.
With the Blue Tarp Law active and insurance companies being protected from having a lawsuit filed against them even though they failed to cover the cost of a claim, Texas property owners are urged now more than ever to retain a TX insurance claim denial lawyer anytime they are having an issue with their insurer. Not only are insurance attorneys familiar with all the current laws, but they know how to use them to your benefit and won’t stop fighting on your behalf until your matter gets resolved and you walk away with a favorable outcome.
If you recently had your home damage claim denied or delayed and would like to locate a Texas insurance claims lawyer, contact USAttorneys.com today and receive the help you need to find the best attorney in your area.