Key Points

• Texas law requires an insurance company that rejects a claim to state the reasons for the rejection in writing, and those reasons shape every step that follows. 
• Common roof claim denials, including wear and tear, cosmetic damage, and prior storm damage, reflect an adjuster’s opinion that can be challenged with independent inspection and weather evidence. 
• Chapter 542A of the Texas Insurance Code requires written notice to the insurer at least 61 days before filing a lawsuit over storm damage to a home, which makes early action important. 

Why It Matters

Texas records more hail damage than any other state. Roof claims are first-party claims, filed against the policyholder’s own insurer, and they are among the most commonly disputed Texas storm damage insurance claims. Many homeowners assume a denial is final. It is not. Texas law gives policyholders specific rights after a denial, and the steps taken in the first weeks can decide whether a claim is ever paid. 

Roof Claim Denied? Find Out If You Qualify. 

Insurance companies deny roof claims for many reasons. While some claims are denied correctly, others may be based on a brief inspection, an incomplete estimate, or a judgment call about whether a storm or time caused the damage. 

Homeowners who receive a denial letter can request a reinspection, obtain an independent roof assessment, invoke appraisal, file a state complaint, or take legal action. The right path depends on why the claim was denied and how much time has passed. 

If you or a loved one had a roof damage insurance claim denied, underpaid, or delayed in Texas, you may qualify to file a lawsuit and receive compensation.  

Contact the attorneys at Hissey Mulderig & Friend toll-free at 1-866-806-8117, or submit a free storm damage case evaluation form to find out whether you qualify. 

What Can Texas Homeowners Do After a Roof Insurance Claim Denial?

Step 1: Read the Denial Letter Closely

Chapter 542 of the Texas Insurance Code is known as the Prompt Payment of Claims Act. Under it, an insurer that rejects a claim must notify the policyholder in writing and state the reasons for the rejection. 

The letter should show whether the claim was denied in full or in part and which policy provisions the insurer relied on. Homeowners can also request the adjuster’s estimate, inspection photographs, and any engineering report the insurer used. These documents often reveal what was missed during the inspection of your roof. 

Step 2: Identify the Reason for the Denial

Most Texas roof claim denials fall into a few categories: 

1. Wear and tear, where the insurer attributes the damage to age or deferred maintenance rather than the storm; 

2. Cosmetic damage, where the insurer classifies hail damage to the roof as cosmetic under a policy endorsement; 

3. Weather data, where the insurer cites a distant weather station to argue the storm was too weak, even though localized downbursts can cause serious wind damage to a Texas roof that no station records; 

4. Prior storm, where the insurer claims the damage occurred before the policy period; 

5. Below the deductible, where the estimate falls under a percentage wind and hail deductible; 

6. Excluded water, where the insurer assigns interior damage to flood or surface water, which a standard homeowners policy excludes. 

Each reason calls for different evidence. A cosmetic damage denial turns on policy language. A wear and tear denial turns on the pattern of damage across the roof. A hurricane damage denial often turns on separating wind loss from water loss. 

Step 3: Protect the Property and Preserve Evidence

Most policies require reasonable steps to prevent further damage, such as tarping an exposed roof. Evidence should be preserved before permanent repairs begin. Useful records include dated photographs of the roof, gutters, vents, siding, window screens, and outdoor air conditioning units. 

Soft metal surfaces hold dents that show damaging hail reached the property. Photographs taken before the storm carry significant weight against an argument that the damage already existed. 

Step 4: Get an Independent Roof Inspection

An adjuster who spends only minutes on a roof may miss bruised shingles and wind-lifted tabs that no longer seal. An independent inspection by a qualified roofer or engineer can document damage on each slope and the direction it came from. 

National Weather Service storm reports and radar data for the date and location of the loss can confirm that damaging wind or hail struck the property. Damage concentrated on windward slopes, ridges, and eaves follows the storm. Ordinary deterioration does not. 

Step 5: Request Reinspection or Invoke Appraisal

With new evidence in hand, a homeowner can ask the insurer to reinspect the roof. Most Texas homeowners policies also contain an appraisal clause. Each side selects an independent appraiser, and an umpire resolves any disagreement. 

Appraisal decides the amount of the loss, not whether the loss is covered. It is best suited to underpaid claims rather than outright denials. 

Step 6: Track the Texas Deadlines

Chapter 542 sets deadlines for insurers: 

• Generally 15 days to acknowledge a claim; 

• 15 business days to accept or reject it after receiving requested information; 

• Five business days to pay once it is accepted. 

An insurer that misses these deadlines may owe interest and attorney’s fees. 

Deadlines apply to policyholders too. Many Texas homeowners policies require a lawsuit to be filed within two years and one day, often measured from the date of the denial. Chapter 542A requires written notice at least 61 days before filing suit, stating the specific amount claimed. Coastal properties insured through the Texas Windstorm Insurance Association follow separate, shorter deadlines. 

Step 7: File a Complaint With the State

The Texas Department of Insurance publishes guidance on filing a homeowners insurance claim and accepts consumer complaints at 1-800-252-3439. A complaint requires a response from the insurer, but the agency generally cannot resolve disputes over the amount of a loss. 

8. Contact A Lawyer To Find Out If You Qualify for a Lawsuit

Chapter 541 of the Texas Insurance Code prohibits unfair settlement practices, including refusing to pay a claim without a reasonable investigation. A lawsuit may be appropriate when an insurer ignores evidence, fails to respond, or refuses to pay after reinspection. 

Roof damage is rarely the only loss. Interior water damage, damaged outbuildings, and additional living expenses after tornado damage can all be part of the same claim. Hail that damages a roof often damages vehicles parked at the home, which are covered under a separate comprehensive auto claim. 

If you believe your Texas roof damage claim was unfairly denied by your insurance company, contact the lawyers at Hissey Mulderig & Friend to find out how we can help with your claim.

Who Is Eligible to File a Texas Roof Damage Insurance Claim?

Texas property owners may be eligible to file a claim if they meet the following case criteria: 

1. Owned a home or business property in Texas with a roof damaged by hail, wind, a hurricane, a tornado, or another storm; 

2. Had an insurance policy in effect covering the property on the date of the storm; 

3. Received a denial, a partial payment, a cosmetic damage determination, or no response after reporting the loss. 

If you or a member of your family answered yes to all of the above criteria, you may qualify to file a lawsuit and receive compensation. 

Contact Our Law Firm to Start Your Claim Today

If you or your family experienced roof damage to your home from hail, wind, or other storm damage and your claim was denied or underpaid by your insurance company, you may be eligible to file a lawsuit and receive compensation. 

Our law firm, Hissey Mulderig & Friend, is currently accepting hail, wind, hurricane, and tornado roof damage claims throughout Texas. Our attorneys have more than 100 years of combined legal experience representing clients across the state of Texas.  

Find out whether you qualify to file a storm damage lawsuit or start your claim today by contacting the lawyers at Hissey Mulderig & Friend toll-free at 1-866-806-8117, or by filling out the free case evaluation form located at the top of this page.