Homeowners Claim For Water Damage

Here is a homeowners claim for water damage.  The law is specific to the facts of the case and serves as a good example of how courts look at this issues.  The opinion is a 2024 opinion from the Corpus Christi Court of Appeals and is styled, Texas Windstorm Insurance Association v. Valstay, LLC.

This is appeal by TWIA from a summary judgment.

The question before this Court is which party, the insured or the insurer, carries the burden of proof to show that the complained of damage occurred within one year of the claim being filed pursuant to § 2210.573(a) of the Texas Insurance Code: That provision states: “Subject to [§] 2210.205(b), an insured must file a claim under an association policy not later than the first anniversary of the date on which the damage to property that is the basis of the claim occurs.”  TWIA argues that the one-year deadline is a prerequisite to suit, making it Valstay’s burden to prove it filed a timely claim.  In response,Valstay argues that the one-year deadline is an affirmative defense held by TWIA, which TWIA carries the burden to prove. The Court agreed with Valstay.

While § 2210.205(b) requires that an insured files its claim within one year of the damage being sustained, it does not specify that the insured must do anything to prove that they have complied with this obligation beyond filing their claim. Valstay asserts that the damage occurred within one year of it filing its claim.  However, TWIA seeks to deny the claim on the basis that Valstay’s damage occurred more than one year before filing, and as such we construe this argument as an affirmative defense. Limitations is an affirmative defense for which the burden of proof is on the defendant, here TWIA.   To answer the controlling question of law presented by the trial court, we find that the burden is on TWIA to put forth evidence that Valstay’s claim was made more than one year after damage was sustained.