Texas Hail Bill Is Already Affecting Insurance Litigation

By Christopher Avery (July 12, 2018, 3:02 PM EDT) -- Much has been written about the Chapter 542A of the Texas Insurance Code, which took effect on Sept. 1, 2017 (frequently referred to as the Hail Bill). But because Chapter 542A does not apply retroactively, only a handful of cases have interpreted it. Nevertheless, those decisions show that Chapter 542A's notice requirement is already making a difference in litigating property insurance cases in Texas.

The Notice Requirement

The Texas Insurance Code and Deceptive Trade Practices Acts have long required claimants to provide a presuit notice or demand letter that sets out the alleged basis for liability, along with the amount of...

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