• 24
  • June
    2010

In September 2008, Galveston and much of the Texas coast was hit by Hurricane Ike. According to estimates, more than 3 million people were without power in the greater Houston area, as nearly the entire city was without electricity. Closer to Louisiana, in Orange, Texas, the flood waters rose so quickly that people were forced to evacuate to upper floors, attics and rooftops for safety.

In spite of the recovery that followed, a deadline is fast approaching that many of those affected by Hurricane Ike should be aware of. In Texas, the law provides for a two-year statute of limitations for bad faith insurance claims. For victims of Hurricane Ike, the new battle is not with the rain, wind and water, but with the insurance industry. As sometimes happens, insurance companies occasionally delay their claims investigations, hoping to withhold payment for as long as possible. In some instances this takes years. In Texas, if payments have not been made during the two-year period, there is no guarantee after that point that payment will be made.

If you or someone you know is involved in an insurance claim and the insurance company is dragging its feet, you need to see a lawyer to make a bad faith claim. This needs to be done before September to ensure that your claim has a fair chance at being extended past the two-year window. Should you not make this claim, your insurance company is under no legal obligation to work with you. Should you make a bad faith claim, however, you are allowed to present evidence that the insurance company is acting in bad faith in failing to process your insurance claim in a timely manner.

If you believe you are in such a situation, be sure to visit an attorney familiar with insurance law. The lawyer will review your situation and advise you of the best course of action.