Blaming wear and tear or old damage
This is when the insurer points to an older roof and blames it for every missing shingle, even when weather reports show hail hit that day. When an insurer relies on an exclusion, Texas law makes the insurer prove the exclusion applies.
The engineer report that overrides the adjuster
The adjuster sees storm damage. Then the insurer sends its own engineer, who calls it “long-term deterioration.” We get the claim file to see who hired the engineer, what the insurer told them, and how often that engineer reaches the same conclusion.
Misstating what your policy covers
For example, the insurer says your policy only pays actual cash value (the depreciated value) when it actually pays replacement cost (the full cost to replace). Or it says the policy excludes a loss that it covers. Chapter 541 directly prohibits this.
Calling a partial payment “final”
You get an early check to “get repairs started.” Months later, your insurer says that check was all you’re owed. Or a payment shows up, the file closes, and nobody explains what was left out.
Low estimates and withheld depreciation
Look closely at the estimate and you might find missing line items, labor priced too low, or no money for bringing your home up to current building code. And once repairs are done, the depreciation your insurer owes you may never get paid back.
Changing the cause of the loss
Wind-driven rain becomes “flood.” A covered burst pipe becomes “long-term seepage.” That label decides whether your insurer pays and how much, which is why insurers fight so hard over it.
Dragging the claim out
The insurer asks again for documents you already sent, assigns a new adjuster every few weeks, and orders new inspections. Every delay puts pressure on you to take less, and it can break Chapter 542 deadlines.
