Should I hire a lawyer about this issue with my dental insurer acting in bad faith?

Dental insuranceLawyer / bad faithTexasChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Texas Insurance Code · Chapter 541 · § 541.060(a) (Unfair Settlement Practices) View original ↗

In short

The same unfair law covers a dental claim too [1].
Winning gets you damages, costs, and fees. A court can triple that if the insurer knew [2].
Send 61 days' notice before you sue [3]. A bad-faith suit with no basis can cost you the insurer's fees instead [4].

What this means

This law isn't written for just one kind of insurance. It covers unfair settlement practices on a claim by an insured or beneficiary, including a dental claim [1].

If you win, you can recover your actual damages, court costs, and attorney's fees [2]. If the insurer knowingly broke the law, a court may award up to three times your actual damages [2]. Before you sue, you must give 61 days' written notice [3]. If your case turns out to be groundless and brought in bad faith or to harass the insurer, the court can instead make you pay the insurer's costs and fees [4].

Your next step

If you intend to sue, send the 61-day written notice under § 541.154 before filing [3].

Check it yourself

Read § 541.153 so you understand the downside of a groundless claim before deciding.

Where this comes from (4)

[1] Texas Insurance Code · Chapter 541 · § 541.060(a) (Unfair Settlement Practices) · checked 2026-11-06
It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to engage in the following unfair settlement practices with respect to a claim by an insured or beneficiary
[2] Texas Insurance Code · Chapter 541 · § 541.152(a)-(b) (Damages, Attorney's Fees, and Other Relief) · checked 2026-11-06
A plaintiff who prevails in an action under this subchapter may obtain: (1) the amount of actual damages, plus court costs and reasonable and necessary attorney's fees; (2) an order enjoining the act or failure to act complained of; or (3) any other relief the court determines is proper. (b) Except as provided by Subsection (c), on a finding by the trier of fact that the defendant knowingly committed the act complain…
[3] Texas Insurance Code · Chapter 541 · § 541.154(a) (Prior Notice of Action) · checked 2026-11-06
A person seeking damages in an action against another person under this subchapter must provide written notice to the other person not later than the 61st day before the date the action is filed.
[4] Texas Insurance Code · Chapter 541 · § 541.153 (Frivolous Action) · checked 2026-11-06
A court shall award to the defendant court costs and reasonable and necessary attorney's fees if the court finds that an action under this subchapter is groundless and brought in bad faith or brought for the purpose of harassment.

How we found this

We matched your question to 4 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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