Delay in Filing Hailstorm Claims Defeats Coverage, Texas Appeals Court Rules

CORPUS CHRISTI, Texas — A Texas appellate court has upheld an award of summary judgment to the Texas Windstorm Insurance Association (TWIA) in a hailstorm action, ruling that the policyholder’s 13-day delay in filing its claims defeated its bid for coverage.

In a March 2 opinion, the Texas Court of Appeals, 13th District, explained that the act governing the TWIA Act sets forth a clear and unambiguous one-year limitations period for claims, and that the TWIA need not show prejudice before denying a claim.

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