Your insurance company collected your premiums. Now they are denying, delaying, or underpaying your claim. McLaurin Law fights back.
We represent Houston area homeowners who have been wronged by their insurers on a contingency fee basis, meaning you pay nothing unless we recover money for you.
We serve homeowner insurance claim clients in Spanish, Portuguese and Farsi.
★ 4.7 Stars on Google · 107 Reviews
”“Our insurance company didn't want to pay the claim and insisted that our association needed to contribute to the settlement. However, once Jason McLaurin came onboard to assist us with our differences with the insurance company, the insurance company soon changed its position and paid the entire claim. We are very grateful for his assistance and highly recommend him as an attorney. Not only is he effective, he is also a nice person who relieved a lot of anxiety of the board members while we were going through the litigation process.”
— Phyllis Pate
Texas homeowners face some of the most complex insurance disputes in the country and insurance companies know it. After major storms like Hurricane Harvey, Hurricane Beryl, and Winter Storm Uri, insurers faced hundreds of thousands of simultaneous claims. Too many responded by denying legitimate claims, undervaluing damage, or stalling past statutory deadlines.
Whether your claim has been denied outright, delayed beyond what the law allows, or settled for far less than your actual losses, you have legal rights under Chapters 541 and 542 of the Texas Insurance Code.
Do not accept your insurance company’s decision as final.
The moments after you receive a denial letter or a lowball settlement offer are critical. What you do, and what you avoid doing, in the next few days can significantly affect your ability to recover the full value of your claim.
Hurricane damage claims are particularly difficult because insurers frequently attempt to reclassify wind-driven rain as “flood” damage, which is excluded under standard homeowners policies and requires a separate NFIP policy. We fight to ensure your damage is properly characterized and fully covered under your policy.
Most homeowners insurance policies also cover additional living expenses (ALE), also called loss of use, when covered damage makes your home uninhabitable. This pays for hotel stays, temporary rent, and related costs while repairs are made. Many policyholders are never told about this coverage. McLaurin Law will identify and pursue every dollar available under your policy.
Texas leads the entire nation in hail damage. In 2022 alone, Texas had more hail-damaged properties than any other state. Despite this, insurers routinely deny hail claims by labeling legitimate storm damage as “normal wear and tear” or “pre-existing deterioration.” This is one of the most common bad faith tactics used against Houston homeowners.
Insurers have also increasingly added cosmetic damage exclusions to Texas policies in recent years. These are clauses that exclude coverage for hail or wind damage affecting only the appearance of roofing or siding without causing a “functional” impairment. Courts have found that damage affecting the service life of roofing materials is functional, not cosmetic, even if the roof does not currently leak. If your hail claim was denied on cosmetic damage grounds, that denial is challengeable.
Roof damage is the most frequently disputed category in Texas homeowners insurance. Insurers may deny coverage, claim damage is cosmetic rather than structural, or apply excessive depreciation to reduce your payout far below actual replacement cost. Texas law requires the insurer to prove that damage falls outside your policy’s coverage.
Most standard homeowners policies cover fire and resulting smoke damage. However, insurers sometimes dispute the extent of smoke damage, allege arson without proper investigation, or fail to account for the full cost of contents replacement and additional living expenses (ALE) while your home is being restored.
Winter Storm Uri (February 2021) generated more insurance claims in Texas than any freeze event in recorded history. Burst pipes, broken appliances, water intrusion damage, and resulting mold created enormous losses and an enormous volume of denials. Mold remediation costs following covered water intrusion are frequently disputed or denied separately even when the underlying water damage was accepted. If your freeze claim was denied or underpaid, it is not too late to challenge that decision.
Standard homeowners insurance covers certain types of water damage — such as burst pipes or appliance leaks but does not cover flooding from rising external water, which requires a separate National Flood Insurance Program (NFIP) policy. The line between covered water damage and excluded flood damage is frequently disputed by insurers. Mold remediation following covered water intrusion is also commonly denied as a secondary dispute. McLaurin Law will ensure your insurer does not shift covered losses into an excluded category.
Homeowners insurance generally covers loss of personal property due to theft and damage caused by vandalism. If your claim has been denied on the basis of insufficient documentation or alleged misrepresentation, an attorney can help you compile the evidence necessary to challenge the denial effectively.
Texas law gives policyholders robust protections against insurance companies that fail to honor their obligations. Understanding these rights is the first step toward holding your insurer accountable.
Under the Texas Prompt Payment of Claims Act (Tex. Ins. Code §§ 542.055–542.061), your insurance company must meet specific legal deadlines from the moment you file a claim:
| Statutory Requirement | Deadline |
|---|---|
| Acknowledge your claim and request needed information (§542.055) | Within 15 business days of receiving your claim |
| Accept or deny your claim (§542.056) | Within 15 business days of receiving all requested items (45-day extension possible with written notice) |
| Pay an accepted claim (§542.057) | Within 5 business days of notifying you that payment will be made |
| Penalty for late or wrongful delay (§542.058) | 18% annual interest on the unpaid amount + attorney’s fees |
Chapter 541 of the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) prohibit insurers from engaging in unfair settlement practices.
A bad faith finding under Chapter 541 can entitle you to actual damages, up to three times those damages in egregious cases, and attorney’s fees, in addition to the original value of your claim.
Chapter 542A governs property damage dispute resolution and establishes specific remedies for policyholders when insurers fail to meet their obligations. It also imposes pre-suit notice requirements — one more reason to involve an attorney early in the process.
Most Texas homeowners insurance policies include an appraisal clause, a contractual dispute resolution mechanism that applies when the parties disagree on the dollar amount of a loss (but not on whether coverage exists). Under appraisal, each side selects a licensed appraiser; if they cannot agree, an umpire is appointed. The umpire’s award is binding on both parties.
Invoking appraisal can be a powerful tool for Houston homeowners whose claims have been undervalued. However, the process has strict procedural requirements and strategic implications that can affect your rights in subsequent litigation. An attorney should review your situation before you invoke or respond to an appraisal demand.
You may file a complaint with the Texas Department of Insurance (TDI) if you believe your insurer has violated Texas law. TDI investigates insurer conduct and can sanction bad actors. However, TDI does not have authority to order your specific insurer to pay your claim. If you have been denied or underpaid, legal action, not a TDI complaint, is typically the most effective path to full financial recovery.
No city in America faces the full spectrum of natural disasters the way Houston does. Located on the Gulf Coast, inside Tornado Alley, and subject to extreme freeze events, Houston homeowners face risks that drive insurance companies to look for any available reason to limit payouts.
Hail-Damaged State
Texas leads the U.S. every year
Homes Damaged by Harvey
In the Houston area alone
Without Flood Coverage
After Hurricane Harvey struck
Winter Storm Uri
Worst TX freeze in recorded history
Homeowners in certain coastal areas of Harris County, specifically those east of State Highway 146, and in other Gulf-adjacent counties may be unable to obtain wind and hail coverage through private insurers. Instead, they must purchase coverage through the Texas Windstorm Insurance Association (TWIA), a state-run insurance pool.
TWIA disputes carry their own procedural rules, deadlines, and administrative remedies distinct from standard homeowners policy disputes. Policyholders with TWIA coverage have one year from the date of loss to file a claim. If you are unsure whether your policy is through a private insurer or TWIA, or whether you need both, a McLaurin Law attorney can review your coverage and identify all available claims.
One of the most painful discoveries Houston homeowners make after a major storm is that their standard homeowners policy does not cover flood damage. Flooding caused by rising water, bayou overflow, storm surge, or rain accumulation, requires a separate National Flood Insurance Program (NFIP) policy. Many homeowners outside the 100-year floodplain never purchased NFIP coverage, incorrectly believing they were safe.
Even with the right coverage, insurers frequently dispute whether water intrusion qualifies as flood (excluded under standard policies) or as wind-driven rain (a covered peril). This distinction can be worth tens of thousands of dollars and often requires expert testimony and legal advocacy to resolve in your favor.
Insurance companies have financial incentives to minimize payouts. When a claim is denied, there is often a legal basis to challenge that denial. Here are the most common denial tactics our attorneys encounter:
The most overused denial justification in Texas. If your roof was aging before the storm, your insurer may claim hail or wind caused no new damage, even when storm data proves otherwise. Texas law requires the insurer to bear this burden of proof, not you.
Many insurers have added cosmetic damage exclusions to Texas policies, attempting to deny hail and wind claims on roofing and siding by arguing damage is only aesthetic, not functional. Courts have found that damage reducing the service life of roofing materials is functional, not cosmetic. If your claim was denied on this basis, that denial is legally challengeable.
Standard homeowners policies contain significant exclusions. If your insurer is denying based on an exclusion, an attorney will review whether the exclusion applies to your specific facts and whether it was properly disclosed at the time of purchase.
Many policies require prompt notification after a loss. However, insurers generally cannot deny a claim solely on late notice unless they can demonstrate actual prejudice from the delay. If you discovered damage late or did not immediately recognize its severity, this defense may not stand.
If your policy lapsed due to a missed payment, your insurer may deny your claim on that basis. However, insurers are required to follow specific notice requirements before canceling a policy. If proper notice was not given, the cancellation may not be legally valid.
Insurers may deny or delay claims citing insufficient documentation of the damage or its cause. McLaurin Law works with licensed contractors, engineers, and independent adjusters to compile thorough documentation that removes this pretext.
If your policy covers replacement cost value but your insurer is paying actual cash value (ACV , the depreciated value), you are being underpaid. Many policies require insurers to pay ACV first, then release recoverable depreciation once repairs are made. Some insurers withhold this second payment without justification, a form of underpayment that is directly actionable.
Jason C. McLaurin is the founder and managing partner of McLaurin Law, PLLC, and has represented Houston area homeowners and property owners in insurance coverage disputes for 10+ years. Licensed to practice law in Texas, Jason has handled cases arising from hurricane damage, hail and wind claims, fire losses, freeze events, and bad faith conduct by Texas insurers. Jason and his team are committed to representing Houston policyholders exclusively on a contingency fee basis.
When you hire McLaurin Law to handle your homeowners insurance claim, you get an attorney, not a case manager, fighting for your interests from day one.
Here is exactly what we do:
NO WIN, NO FEE
McLaurin Law represents Houston homeowners on a contingency fee basis. There are no upfront costs, no hourly charges, and no attorney’s fees unless we recover money for you. If your insurer violated the Texas Prompt Payment of Claims Act, Texas law may also require your insurer to pay your legal fees as
part of any judgment — meaning the at-fault insurance company may end up covering the cost of your legal representation.
”“My insurance company has delayed my claim for months-until involving this law firm. Their team of expert insurance lawyers triggered an immediate response. From the moment you call their staff was extremely helpful, attentive and understanding. Highly recommend.”
— Russel W.
Do not accept the denial as final. Under the Texas Insurance Code, your insurer must provide a written explanation for every denial. Request that explanation in writing immediately and do not sign any releases or accept any partial payments without legal advice. Contact McLaurin Law for a review of your denial. We will tell you whether it was justified and what your options are at no cost.
Under the Texas Prompt Payment of Claims Act, your insurer must acknowledge your claim within 15 business days of receiving it, accept or deny the claim within 15 business days of receiving all required documentation (with a possible 45-day extension), and pay an accepted claim within 5 business days of notifying you. Miss any of those deadlines without a valid reason and your insurer owes you 18% annual interest on the unpaid amount plus your attorney’s fees.
Most standard Houston homeowners policies cover wind, hail, and hurricane damage to your home’s structure and personal property. Flood damage from rising water requires a separate NFIP policy. Homeowners in certain coastal areas of Harris County east of Highway 146 may need TWIA coverage for wind and hail. Call McLaurin Law for a policy review to confirm exactly what your coverage includes.
Most standard homeowners policies include additional living expenses (ALE) coverage, also called loss of use, which pays for hotel stays, temporary rent, and reasonable related costs when covered damage makes your home uninhabitable. Insurers sometimes fail to inform policyholders of this coverage or dispute the amounts owed. McLaurin Law identifies and pursues all coverage available under your policy, including ALE.
Under Chapter 541 of the Texas Insurance Code, bad faith occurs when an insurer misrepresents your policy, fails to investigate your claim promptly and fairly, denies or delays payment without a reasonable basis, or refuses to pay a covered claim. Warning signs include an adjuster attributing all storm damage to “wear and tear,” unexplained delays past legal deadlines, a settlement offer far below independent contractor estimates, or failure to provide a written denial explanation. A bad faith finding can entitle you to actual damages, up to three times those damages in egregious cases, and attorney’s fees.
This is one of the most common tactics used to deny hail and wind claims in Texas. Texas law requires your insurer to prove the damage existed before the storm, the burden is not on you. McLaurin Law works with independent roofing inspectors, meteorologists, and weather data services to document the storm event, its intensity, and the resulting damage. If the insurer’s denial cannot be supported by evidence, we pursue full recovery plus 18% statutory interest and attorney’s fees.
Actual cash value (ACV) is the depreciated value of your damaged property, age and condition reduce your payout significantly. Replacement cost coverage pays what it actually costs to repair or replace your property with new materials at current prices. Many Houston homeowners discover too late that their policy only provides ACV, or that their insurer applied excessive depreciation under a replacement cost policy. Our attorneys will review your policy and the insurer’s depreciation calculations to determine whether you have been underpaid.
Absolutely. Underpayment is as actionable as outright denial under Texas law. If your insurer settled your claim for less than your actual losses, for example, paying for a partial repair when a full replacement is warranted, you can challenge that determination. McLaurin Law will obtain independent estimates to document the true value of your loss. If the underpayment was unjustified, you may recover the difference plus statutory interest and attorney’s fees.
McLaurin Law handles all homeowners insurance claims on a contingency fee basis, no upfront costs, no attorney’s fees unless we recover money for you. Your initial consultation is completely free. If your insurer violated the Texas Prompt Payment of Claims Act, Texas law may require the insurer to pay your attorney’s fees as part of any judgment, meaning the at-fault insurance company may ultimately cover the cost of your legal representation.
Most Texas homeowners insurance policies contain a suit limitation clause requiring you to file suit within two years of the date of loss or the denial of your claim — and sometimes sooner based on specific policy language. This deadline is strictly enforced. If you have received a denial, an underpayment, or believe your insurer has acted in bad faith, contact an attorney as soon as possible. The longer you wait, the more you risk losing the right to recover what you are owed.
McLaurin Law represents homeowners throughout the greater Houston metropolitan area, including Harris County, Fort Bend County, Montgomery County, Brazoria County, Galveston County, and surrounding communities. Our office is located in the Galleria area at 5005 Riverway Drive, Suite 300, Houston, TX 77056. We are available by phone 24 hours a day, 7 days a week at (713) 528-8012 and we serve clients in Spanish, Portuguese and Farsi as well.
If your insurance company has denied, delayed, or underpaid your homeowners insurance claim, the time to act is now. Texas insurance policies typically allow only two years to file suit, and every day you wait strengthens your insurer’s position.
McLaurin Law represents Houston homeowners on a contingency fee basis. You pay nothing unless we win.
Call (713) 461-6500 · Spanish, Portuguese and Farsi · No Win, No Fee.
Office Address
5005 Riverway Drive, Suite 300
Houston, TX 77056
Phone / Availability
(713) 461-6500 — Available 24/7
Office Hours: Mon–Fri, 8:30 AM – 5:00 PM
Serving: Harris County · Fort Bend County · Montgomery County · Brazoria County · Galveston County · Greater Houston · Atendemos en Español.
Homeowners insurance claims lawyer near me — serving all Houston metro communities.
© 2026 McLaurin Law, PLLC. | 
