Law and Harvey: Courts, Consumer Complaints, and Insurance Claims

Flooding in Spring, Texas, as a result of Hurricane Harvey. Photo: Shutterstock

As Hurricane Harvey made landfall over the coast of Texas on August 25, courts began taking measures to reduce the burden on the court and criminal justice systems.

On August 28, the Texas Supreme Court and Court of Criminal Appeals issued an emergency order that allows for changes in deadlines and procedures in courts affected by Harvey. “Pursuant to Section 22.0035(b) of the Texas Government Code, all courts in Texas should consider disaster-caused delays as good cause for modifying or suspending all deadlines and procedures—whether prescribed by statute, rule, or order—in any case, civil or criminal,” the order read. That order will expire on September 17, 2017, unless it is extended by the Courts.

The Courts are expected to issue an order allowing attorneys from outside Texas to practice pro bono assistance in the state, but that order has not been finalized as of August 29.

Federal courthouses in Corpus Christi, Galveston, Houston, Victoria, Beaumont, and Lufkin were closed as of August 29. Federal courthouses in Lafayette and Lake Charles in Louisiana are also closed. The United States Courts Twitter account is tweeting updates on court closures in the areas affected by Hurricane Harvey.

Meanwhile, you may have seen a Facebook post that shows a gas station in Texas charging more than $8 a gallon for gas and $49 for a 12-pack of bottled water. There is recourse for people who see businesses gouging people in the wake of Hurricane Harvey. Attorney General Ken Paxton announced on August 25 that the AG's office will operate its consumer protection hotline throughout the weekend and after the storm. He advised that if Texans believe they have been scammed or encountered price gouging during or after Hurricane Harvey, they should call the Attorney General’s Consumer Protection Hotline at 800-621-0508.

“During declared disasters, state law prohibits businesses from charging exorbitant prices for necessities such as gas, food, drinking water, clothing, and lodging,” Attorney General Paxton said. 

Planning to file an insurance claim related to the damage done to your property by Hurricane Harvey? Some attorneys are urging people to file their claims by August 31 to avoid “losing out on important rights” due to the passage of House Bill 1774, which will become law on September 1.

Lawyers and consumer advocates say the new law will limit homeowners’ abilities to hold insurance companies accountable when they take forever to pay out on claims, underpay, or wrongfully deny legitimate claims. However, Republican state Senator Kelly Hancock says lawyers are misleading homeowners, because the law is “designed to limit lawsuit abuses while preserving protections for homeowners.” In other words, it doesn’t affect the claims process, only lawsuits against insurance companies.

Regardless of what is or is not true about the new law, it’s a good idea to get back to your home as soon as safely possible to take photos of the damage done by the storm, find your insurance policy, and file a claim as quickly as you can.