Roof paid on actual cash value
Some policies pay roofs on an actual cash value basis or by a roof payment schedule based on age. Check the declarations page and endorsements before accepting the roof figure.
Texas FAIR PlanClaim guide · independent
Texas public adjusters · Texas FAIR Plan (TFPA) claims
Texas FAIR Plan (TFPA) denied or underpaid your claim?
Texas FAIR Plan denied your claim or paid less than the repair costs? TFPA is the state-created insurer of last resort, and its policies are usually narrower than a standard homeowners policy. We read the TFPA policy you have, inspect the damage and tell you for free what we see.
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Disclaimer: AF Claims is not affiliated with, endorsed by, or sponsored by Texas FAIR Plan Association. Carrier names are used only to identify the insurer. Every claim is different; results are not guaranteed.
About Texas FAIR Plan (TFPA)
The Texas FAIR Plan Association (TFPA) provides residential property insurance for eligible Texas property owners who can’t get it elsewhere. According to TFPA, the Legislature provided the statutory authority for it in 1995; it is governed by Chapter 2211 of the Texas Insurance Code, but it is not a state agency and receives no general revenue. Applicants generally need two declinations from other insurers, and TFPA says its coverage is not as comprehensive as coverage in the voluntary market.
TDI explains that the FAIR Plan issues policies like an insurance company and also works as a pooling mechanism: insurers writing residential property insurance in Texas participate in its results and can be assessed for deficits. The FAIR Plan may not provide windstorm and hail coverage in the Texas Windstorm Insurance Association’s designated catastrophe area.
On TDI’s 2024 company-level homeowners list, the Texas FAIR Plan Association is 23rd, with 0.93% of direct written premium.
Why Texas FAIR Plan (TFPA) claims get denied or underpaid
General reasons Texas homeowners report for denied or short-paid claims, with any carrier, plus points specific to a limited FAIR Plan policy (not a description of TFPA’s internal rules):
Sudden vs. long-term leaks
Many policies cover sudden water damage but exclude repeated seepage or leakage over time. A plumber’s written report on the cause and timing of a leak can make the difference.
Hail damage called cosmetic
Dents in metal roofing, gutters or siding are sometimes treated as cosmetic, and some Texas and Colorado policies carry endorsements that limit cosmetic hail damage to certain roof types. Read the endorsement, then document functional damage such as fractured shingle mats, granule loss and cracked tiles.
Contents left out
Furniture, flooring, appliances and personal property are easy to undercount. A room-by-room inventory with photos, model numbers and receipts helps, and replacement cost policies may hold back depreciation until items are replaced.
Scope that stops at the stain
Estimates sometimes price only the visibly damaged area. Moisture readings, removal of wet materials and adjoining finishes often belong in the scope too.
Tip: Know what your FAIR Plan policy covers
TFPA policies can be narrower than standard homeowners forms, and in the coastal catastrophe area wind and hail coverage comes from TWIA, not the FAIR Plan. Read the TFPA declarations and form before deciding which policy a loss falls under.
What to do after a Texas FAIR Plan (TFPA) denial or low offer
- 1
Get the decision and the reasons in writing
A Texas insurer must accept or reject a claim in writing within 15 business days after it receives everything it asked for, or within 45 days if it notifies you why it needs more time. A rejection must state the reasons (Tex. Ins. Code § 542.056).
- 2
Know the other prompt-payment deadlines
Acknowledgment and information requests within 15 days of notice (§ 542.055); payment within 5 business days after the insurer says it will pay (§ 542.057). After a commissioner-declared weather catastrophe, deadlines get 15 more days (§ 542.059).
- 3
Read the exact policy language cited
Find the exclusion or condition the letter relies on, plus your deductibles (often a percentage for wind and hail) and any cosmetic-damage or roof endorsements.
- 4
Use the policy’s appraisal clause
Appraisal is for disputes about the amount of the loss, not coverage. Each side hires an appraiser, and an umpire decides differences; TDI describes the umpire’s decision as binding.
- 5
Mind the complaint and pre-suit steps
You can complain to TDI in writing. According to TDI, if the damage was caused by a disaster, you must notify the insurer in writing at least 61 days before suing. Coastal wind claims under TWIA have a 1-year filing deadline.
More on Texas claims: Texas public adjusters
Real results
Claims we’ve handled in Texas
Real claims our clients authorized us to share, with their exact numbers. Our case records don’t name the insurance company, so these are not presented as Texas FAIR Plan (TFPA) claims.
HailInitial payment $967.33$125,000final recoveryLauraDallas, TexasRead the case →CommercialInitial payment $40,382.43$450,000final recoveryJoe & LuisHouston, TexasRead the case →
Every insurance claim is different, and prior results do not guarantee a similar outcome. See all results →
Texas FAIR Plan (TFPA) claim FAQ
Is the Texas FAIR Plan a state agency?
No. According to TFPA, it is governed by Chapter 2211 of the Texas Insurance Code but is not a state agency and receives no general revenue. It issues policies, collects premiums and pays losses like an insurer.
My coastal home has a FAIR Plan policy and a TWIA policy. Which one pays for storm damage?
TDI states the FAIR Plan may not provide windstorm and hail coverage in TWIA’s designated catastrophe area (14 coastal counties and parts of Harris County). In that area, wind and hail damage is generally claimed under the TWIA policy, and other covered damage under the FAIR Plan policy. TWIA claims have their own deadlines.
How long does a Texas insurer have to accept or reject my claim?
Under the Texas Prompt Payment of Claims Act, an insurer generally must acknowledge a claim within 15 days (Tex. Ins. Code § 542.055) and accept or reject it in writing within 15 business days after receiving everything it asked for, or up to 45 days if it tells you why it needs more time (§ 542.056). Once it agrees to pay, payment is due within 5 business days (§ 542.057). After a weather catastrophe declared by the commissioner, these deadlines get 15 more days (§ 542.059).
Can you guarantee the insurer will change its decision?
No. No one can honestly guarantee an outcome. We review the file, tell you what we see, and represent you if it makes sense to work together. Every claim is different, and prior results do not guarantee a similar outcome.
What does the review cost?
The claim review is free, and asking questions doesn’t hire us. If it makes sense to work together, the fee and services are explained in a written agreement before you sign.
General information, not legal advice. Policies and state laws differ, and laws change.
Sources
- Texas FAIR Plan Association, About Us
- Tex. Ins. Code ch. 2211, FAIR Plan
- Texas Department of Insurance, Texas FAIR Plan Association Overview
- Texas Department of Insurance, Top 40 list of insurers in Texas: Homeowners (company level)
- Texas Insurance Code, Chapter 542, Subchapter B (Prompt Payment of Claims), §§ 542.055–542.060
- Texas Department of Insurance, Home insurance guide (claims deadlines, appraisal, complaints; updated June 1, 2026)
Sources checked September 27, 2026.
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Disclaimer: AF Claims is not affiliated with, endorsed by, or sponsored by Texas FAIR Plan Association. Carrier names are used only to identify the insurer. Every claim is different; results are not guaranteed.
American Financial Claims is a licensed public adjusting firm, not a law firm. We do not provide legal advice. Office: Brickell Arch, 1395 Brickell Ave, Suite 800, Miami, FL 33131. Every insurance claim is different, and prior results do not guarantee a similar outcome.