Texas Insurance Code
§ 542A.003 — NOTICE REQUIRED
IN § 542A.003Title 5. PROTECTION OF CONSUMER INTERESTS · Part C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · Ch. 542A. CERTAIN CONSUMER ACTIONS RELATED TO CLAIMS FOR PROPERTY DAMAGE
Statute text
View on source(a)In addition to any other notice required by law or the applicable insurance policy, not later than the 61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person in accordance with this section as a prerequisite to filing the action.
(b)The notice required under this section must provide:
(1)a statement of the acts or omissions giving rise to the claim;
(2)the specific amount alleged to be owed by the insurer on the claim for damage to or loss of covered property; and
(3)the amount of reasonable and necessary attorney's fees incurred by the claimant, calculated by multiplying the number of hours actually worked by the claimant's attorney, as of the date the notice is given and as reflected in contemporaneously kept time records, by an hourly rate that is customary for similar legal services.
(c)If an attorney or other representative gives the notice required under this section on behalf of a claimant, the attorney or representative shall:
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Legislative history
Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.