TWIA Begins Pushing Its Agenda Through Texas Legislature
The Texas Windstorm Insurance Association (TWIA) began lobbying for its 2011 legislative proposals on February 1, 2011. In a press release, TWIA noted a number of items that it would like to see changed during the upcoming leglislative sessions. To highlight a few of the proposals:
- Getting rid of appeals procedures with the State Office of Administrative Hearings (SOAH). This could be a good idea, but it leaves open the potential of requiring homeowners to go through mediation or arbitration to resolve what is often a frivolous dispute initiated by TWIA. In addition, arbitration would be binding on homeowners, even though it is pitched as a pre-suit requirement.
- Requiring that all claims be brought within two years. Although two years may seem like a long time, a lot of latent damage (such as that to a roof), can manifest itself long after the underlying event. In a latent damage claim, TWIA can then play both sides. For example, if a latent claim is reported 2.5 years after an hurricane, TWIA could (rightfully) blame it on the hurricane, but tell the homeowner that they have filed their claim too late.
- Further limiting the statute of limitations. Right now, extra-contractual claims can be brought for two years, while contractual claims can be brought for four years. TWIA wants to restrict all claims brought against it to two years. TWIA is essentially seeking an exemption that would treat it differently and change statutes of limitations precedent in the Texas legislature.
In light of the changes sought by TWIA, Doyle Raizner reinforces our committment in seeking fairness for Texas homeowners, whether at the legislative level or in the courtroom.
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