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Why you should consider filing your Hurricane Harvey insurance claim before August 31, 2017

Texas laws change on September 1st.

On September 1st Texas House Bill 1774 goes into effect, changing the law regarding how legal actions for certain insurance claims are handled in Texas. This includes some claims for property damage and loss caused by natural disasters, including Hurricane Harvey.

Will you be filing an insurance claim?

If you plan to make an insurance claim for damage or loss as a result of Harvey, you should consider doing so ON OR BEFORE AUGUST 31st so that you can preserve your right to pursue certain remedies under the previous law.


  • If dated and sent on or before August 31, 2017, this notice asserts that you are making an insurance claim prior to the new Texas state law going into effect.
  • If you have sustained damage, file a Notice of Claim with each of your insurance carriers (homeowner, commercial, wind, etc.).
  • Most flood policies are part of the FEMA managed National Flood Insurance Program (NFIP), which means they are not subject to the new Texas law.

Protect your rights.

Currently, insurance companies may be subject to an 18% interest penalty if they fail to pay a valid insurance claim in a timely manner. Starting September 1st, the new penalty will be based on a market-rate formula. Any lawsuit filed after September 1, 2017 will be subject to the new law. However, if a claim is made before September 1, 2017, then the old law’s 18% interest penalty applies to claim payment violations.

Our claim notice template can help.

To preserve the 18% interest penalty, mail or email this notice of claim letter to your insurance carrier(s) on or before the August 31st deadline.


  1. Copy and paste this letter, or click to download it.
  2. Edit the areas highlighted in yellow.
  3. Update the date to be on or before August, 31, 2017.
  4. Mail or email your Notice of Claim to each of your insurance carriers on or before the August 31, 2017 deadline.
  5. Your insurance carrier must acknowledge your claim in writing within 15 days of notice. Verify that the acknowledgment of notice you receive from your carrier reflects the correct date.

      Disclaimer: This is not intended to be legal advice and does not create an attorney client relationship.

    Harvey Notice of Claim Letter Template

    [Date – on or before August 31, 2017]

    RE: Notice of Claim

    To Whom It May Concern,

    Pursuant to the terms of my [Insurance Carrier] policy, I am notifying you of a loss sustained during Hurricane Harvey. Please contact me as soon as possible to arrange a mutually agreeable inspection of my property.

    [Your Name]
    [Your Property’s Address]
    [City, State, Zip]
    [Phone Number]
    [Policy Number – If Available]