Houston Chronicle

Rules and red tape A new insurance law adds to the barriers between Houstonian­s and a full recovery.

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When torrents of murky brown water begin to invade your home and reports of drowning and death are in the news, the last thing you should have to worry about while heading out the door is your insurance policy.

However, thanks to the Texas Legislatur­e, homeowners are racing against the clock to file claims before the rules change on Friday, Sept. 1 and potential barriers are raised to the full recovery that will no doubt be sought by tens of thousands along the coast.

The law, Senate Bill 10, cuts the penalties that insurance companies owe if they’re successful­ly sued for improperly delaying or denying weatherrel­ated claim payments.

If policyhold­ers file in time, they can collect the usual 18-percent interest fee when their insurers engage in shenanigan­s. After Friday, however, the rate will be set by a new formula, which currently would total 10 percent.

That’s not a huge difference, but every penny can count when you’ve lost everything.

The new law also makes it harder for Texans to collect attorneys fees or punish individual bad actors in the insurance industry. It also requires better communicat­ions between plaintiff’s attorneys and insurance companies.

Coverage purchased through the National Flood Insurance Program or Texas Windstorm Insurance Associatio­n isn’t affected, and most homeowners probably won’t notice any difference. Few people actually end up suing their insurance providers.

But after the single most costly natural disaster in our nation’s history, you never know how bad things will get or how many people will end up fighting in court for the money they need to rebuild their homes and their lives. For those Texas families who have to tangle with a less-than-upright insurance company, SB 10 can mean the difference between affording an attorney and being denied justice. That’s why plenty of Texans, including U.S. Rep. Joaquin Castro, D-San Antonio, asked Gov. Greg Abbott to call a special session before Friday to delay implementa­tion of the new law. So, as we recover and rebuild, Texans will also have to manage yet another hurdle erected before our civil courts. Those courtrooms are supposed to be the places where people can go to get back on their feet after they’ve been wronged. Decades of rules, regulation­s and red tape, passed to protect a forprofit insurance industry, will deny far too many a fair hearing in a court of law — and a fair chance to set things right.

The law, Senate Bill 10, cuts the penalties that insurance companies owe if they’re successful­ly sued for improperly delaying or denying weather-related claim payments.

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