Harvey intensifies debate on new insurance law that begins Friday
But some lawyers are urging the countless Texans whose homes and businesses were damaged from the hurricane and ongoing flooding to file initial insurance paperwork before Friday.
Any claims initiated by then fall under current law. Any claims made Friday or beyond fall under a new law -- House Bill 1774 -- that some fear will make it harder for Texans to receive some insurance payments.
"It's going to save the insurance companies a lot of money and cost homeowners a lot of money in denied claims," said
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State Sen.
He said the new law is being distorted.
"There is no need to rush to file a claim," he said. "Put your safety first. Do not return to seriously damaged property unless you are informed that it is safe."
But several attorneys say Texans should hurry and at least start the claim process before Friday.
Smith said a detailed filing isn't needed, just a simple email to the insurance company noting that the homeowner is making a claim on their homeowners policy for damage related to Hurricane/Tropical Storm Harvey.
Anyone who can't get online access should write the same thing down on paper and get it in the mail as soon as possible.
"That's enough to initiate the claims process," Smith said. "You don't have to have all the information yet. You just need to say 'there's damage to my home' and send it to the insurance company."
The law
The new law applies to a variety of property damages involving "forces of nature" such as lightning, hail, rainstorms, flood, wind, snowstorms, wildfire, tornadoes -- or hurricanes.
The goal was to cut down on excessive lawsuits, many related to hail storms.
The new law shrinks the penalty interest rate insurance companies must pay out if they make late payments to Texans. The rate currently is 18 percent; it drops to around 10 percent as of Friday.
Texans with rejected claims may still sue the insurance company. But the new law also drops the chance that insurance companies will have to pay in full for a homeowner's attorney fees.
Hancock noted Texans can still sue, as well, if an insurance company "acts in bad faith." In those cases, he urges anyone affected to report their insurance company to the
Beyond that, if a lawsuit is needed, "HB 1774 limits lawyer's fees so that more awarded damages stay in the pockets of the rightful recipient, the property owner," according to the statement from Hancock's office.
The law goes into effect, along with nearly 700 others, on
Texans for Lawsuit Reform, which supported this legislation, has indicated critics are overstating concerns about the new law.
State Rep.
"The measure that passed does nothing to lower insurance premiums or protect homeowners," Turner, head of the
Friday deadline?
"We fear this natural disaster is going to be compounded by the man-made disaster of dangerous laws that make it harder to fight insurance companies when they wrongfully deny, delay or underpay valid claims," said
"
Smith said any delays in paying out claims, he said, will hurt the homeowner or business owner trying to make repairs -- and financially help insurance companies.
Not only that, but "the longer an insurance company drags the process out, the more likely a policy holder will be willing to take less on their claim just to get money on their claim," Smith said.
He stresses that the insured should not give up if a claim is denied by their insurance company.
"Ask them to re-evaluate it, ask for a lawyer, but don't take no for an answer," Smith said. "Insurance companies are notorious for denying claims just to see who will pursue them."
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