Questions & answers · General insurance
Can I sue my insurance company for taking too long on a claim?
General insuranceLawyer / bad faithChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Texas Insurance Code · Chapter 542 · § 542.058(a) «Delay in Payment of Claim» View original ↗
In short
What this means
Texas has a written penalty for taking too long. The clock runs once the insurer has everything it asked for. That means all items, statements and forms it reasonably requested [1]. Does another statute set a period for that kind of claim? Then that period counts [1]. If none does, the limit is 60 days [1]. Past that, the insurer must pay damages under Section 542.060 [1]. Those damages are interest on the amount of the claim at 18 percent a year, plus reasonable and necessary attorney fees [2].
Two parts matter here. First, the clock runs from the day the company has everything it asked for. It does not run from the day you filed [1]. Second, the remedy named in the statute includes attorney fees [2]. Note also that Section 542.060 has other parts these sources do not quote. So read the section itself before you lean on the 18 percent figure.
Whether to sue is your call, and this answer does not judge your claim. A cheaper first step is a written demand with your dates. A complaint to the state insurance department is another step. These sources do not describe that process. Also check whether this part of the law covers your plan at all. It does not apply to a health maintenance organization, except as one other section allows [3]. And it does not apply to a claim governed by Subchapter C, Chapter 1301 [3]. These are the Texas rules. Other states have their own numbers.
Your next step
Build the date line first. When you filed. When the insurer asked for items. When you sent the last one. When it paid, or stopped answering [1]. Send a written demand with those dates. Then ask a lawyer whether the penalty section fits your facts [2], and check Section 542.053 to see whether your plan is one the subchapter leaves out [3]. The one clock these sources give is 60 days: past that, after the insurer has everything it reasonably asked for, the damages section applies [1].
Check it yourself
Open Texas Insurance Code Chapter 542. Read Section 542.058 and Section 542.060. Then read Section 542.053, which names the plans the chapter leaves out. Then look up your own state's insurance department. Search for "prompt payment" and "bad faith" to see what that state gives you.
Where this comes from (3)
[1] Texas Insurance Code · Chapter 542 · § 542.058(a) «Delay in Payment of Claim» · checked 2026-11-06
if an insurer, after receiving all items, statements, and forms reasonably requested and required under Section 542.055 , delays payment of the claim for a period exceeding the period specified by other applicable statutes or, if other statutes do not specify a period, for more than 60 days, the insurer shall pay damages and other items as provided by Section 542.060
[2] Texas Insurance Code · Chapter 542 · § 542.060(a) «Liability for Violation of Subchapter» · checked 2026-11-06
in addition to the amount of the claim, interest on the amount of the claim at the rate of 18 percent a year as damages, together with reasonable and necessary attorney's fees
[3] Texas Insurance Code · Chapter 542 · § 542.053(c), (d) «Exception» · checked 2026-11-06
This subchapter does not apply to a health maintenance organization except as provided by Section 1271.005 (c). (d) This subchapter does not apply to a claim governed by Subchapter C , Chapter 1301 .
How we found this
We matched your question to 3 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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