PLAINTIFF’S ORIGINAL PETITION
Bad-Faith Insurance Action – Texas State Court
[// GUIDANCE: This template is structured for use in any Texas state district court. Delete brackets and insert factual specifics before filing. Confirm compliance with the Texas Rules of Civil Procedure (“TRCP”) and local standing orders.]
TABLE OF CONTENTS
- Style of Case & Document Header
- Discovery Control Plan & Rule 47 Statement
- Parties, Service, and Notice Information
- Jurisdiction & Venue
- Definitions
- Conditions Precedent
- Factual Allegations
- Causes of Action
Count I Breach of Contract
Count II Unfair Settlement Practices – Tex. Ins. Code § 541.060
Count III Prompt Payment of Claims – Tex. Ins. Code § 542.058
Count IV DTPA – Tex. Bus. & Com. Code § 17.41 et seq.
Count V Common-Law Bad Faith - Damages & Requested Relief
- Attorneys’ Fees
- Exemplary (Punitive) Damages
- Request for Injunctive Relief
- Jury Demand
- Prayer
- Request for Service of Citation
- Verification (optional)
- Signature Block
1. STYLE OF CASE & DOCUMENT HEADER
CAUSE NO. _____
[PLAINTIFF NAME], § IN THE _ JUDICIAL
Plaintiff, § DISTRICT COURT OF
§
v. § _ COUNTY, TEXAS
§
[DEFENDANT INSURANCE COMPANY], §
Defendant. §
PLAINTIFF’S ORIGINAL PETITION, APPLICATION FOR INJUNCTIVE RELIEF,
AND REQUEST FOR DISCLOSURE
Effective Date: [DATE OF FILING]
Governing Law: Texas substantive law, including Tex. Ins. Code, Tex. Bus. & Com. Code, and Texas common law.
Forum: State court (per metadata).
2. DISCOVERY CONTROL PLAN & RULE 47 STATEMENT
1.1 Discovery Level. Pursuant to TRCP 190.3, Plaintiff pleads that discovery shall be conducted under Level 2.
1.2 Damages Plead. Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000, exclusive of interest, statutory penalties, attorneys’ fees, and costs. TRCP 47(c)(5).
3. PARTIES, SERVICE, AND NOTICE INFORMATION
2.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual Texas resident whose address is [ADDRESS].
2.2 Defendant. [DEFENDANT INSURANCE COMPANY] (“Insurer”) is a foreign/domestic insurance company authorized to do business in Texas. Insurer may be served with process through its registered agent, [REGISTERED AGENT NAME & ADDRESS], or as otherwise permitted by TRCP 106.
2.3 Statutory Notice. More than sixty (60) days prior to filing, Plaintiff provided Insurer written notice in compliance with Tex. Ins. Code § 541.154 and Tex. Bus. & Com. Code § 17.505.
[// GUIDANCE: Attach the 60-day notice letter as Exhibit A if you intend to rely on it for limitations or fee shifting.]
4. JURISDICTION & VENUE
3.1 Subject-Matter Jurisdiction. This Court has jurisdiction because the amount in controversy exceeds the minimum jurisdictional limits of the Court.
3.2 Personal Jurisdiction. Insurer engages in substantial insurance business in Texas and purposefully avails itself of Texas law.
3.3 Venue. Venue is proper in __ County, Texas under Tex. Civ. Prac. & Rem. Code § 15.032 because the insured property is located and the insured loss occurred in this county.
5. DEFINITIONS
For clarity, capitalized terms have the meanings set forth below.
“Claim” means Plaintiff’s first-party property loss claim submitted to Insurer on [DATE].
“Covered Loss” means the physical damage to Plaintiff’s property occurring on or about [DATE OF LOSS] and all resulting consequential losses.
“Policy” means Insurer’s policy number [POLICY #], effective [POLICY PERIOD], insuring Plaintiff’s property located at [ADDRESS].
“Prompt Payment Act” means Tex. Ins. Code ch. 542, subch. B.
“Unfair Settlement Practices Act” means Tex. Ins. Code ch. 541.
6. CONDITIONS PRECEDENT
5.1 All conditions precedent to Plaintiff’s recovery, including notice, proof-of-loss, and premium payment, have been performed, waived, or otherwise satisfied. TRCP 54.
7. FACTUAL ALLEGATIONS
6.1 On or about [DATE OF LOSS], a covered peril caused extensive damage to the insured property.
6.2 Plaintiff promptly notified Insurer, cooperated with all inspections, and provided requested documentation.
6.3 Insurer acknowledged the Claim on [DATE], assigned claim number [CLAIM #], and dispatched an adjuster.
6.4 Despite clear evidence of a Covered Loss well in excess of $[AMOUNT], Insurer…
a. misrepresented policy provisions regarding coverage;
b. conducted an outcome-oriented investigation;
c. undervalued damages; and
d. unreasonably delayed payment.
6.5 As a result, Plaintiff has not received full benefits due under the Policy and has incurred additional consequential damages, including loss-of-use and mental anguish.
[// GUIDANCE: Insert detailed chronology and attach expert reports or estimate summaries as separate exhibits.]
8. CAUSES OF ACTION
Count I – Breach of Contract
7.1 The Policy constitutes a valid, enforceable contract. Insurer’s failure to pay covered benefits and comply with Policy provisions constitutes a material breach.
Count II – Unfair Settlement Practices (Tex. Ins. Code § 541.060)
7.2 Insurer violated § 541.060(a) by: (1) misrepresenting material facts; (2) failing to attempt in good faith to effectuate a prompt, fair settlement where liability became reasonably clear; and (3) refusing to pay a claim without conducting a reasonable investigation.
Count III – Prompt Payment of Claims (Tex. Ins. Code § 542.058)
7.3 Insurer failed to pay the Claim within sixty (60) days after receiving all items reasonably requested, thereby incurring statutory damages (interest plus attorneys’ fees) under § 542.060.
Count IV – Deceptive Trade Practices Act (Tex. Bus. & Com. Code § 17.41 et seq.)
7.4 Plaintiff is a consumer as defined by § 17.45(4). Insurer’s misrepresentations constitute false, misleading, and deceptive acts under §§ 17.46(b)(5), (7), and (12), giving rise to treble damages under § 17.50(b)(1) upon a showing of knowing conduct.
Count V – Common-Law Bad Faith
7.5 Insurer breached its duty of good faith and fair dealing by denying or delaying payment when liability had become reasonably clear, proximately causing the damages pleaded herein.
9. DAMAGES & REQUESTED RELIEF
8.1 Actual Damages: unpaid benefits, diminution in value, consequential losses, mental-anguish damages (see Tex. Ins. Code § 541.152(b)).
8.2 Statutory Interest: as provided under Tex. Ins. Code § 542.060(c).
8.3 Treble Damages: up to three times economic damages for knowing violations of ch. 541 and the DTPA.
8.4 Court Costs and Pre-/Post-Judgment Interest as allowed by law.
10. ATTORNEYS’ FEES
9.1 Plaintiff seeks reasonable and necessary attorneys’ fees under:
a. Tex. Civ. Prac. & Rem. Code § 38.001 (breach of written contract);
b. Tex. Ins. Code § 541.152(a)(1) (ch. 541); and
c. Tex. Ins. Code § 542.060(a) (Prompt Payment Act).
11. EXEMPLARY (PUNITIVE) DAMAGES
10.1 Insurer’s conduct was fraudulent, malicious, or grossly negligent, justifying punitive damages under Tex. Civ. Prac. & Rem. Code ch. 41. Plaintiff provides notice of intent to seek such damages under § 41.003.
[// GUIDANCE: Serve a separate § 41.005(b) pleading if challenging constitutionality or seeking bifurcation.]
12. REQUEST FOR INJUNCTIVE RELIEF
11.1 Pursuant to TRCP 680–693, Plaintiff seeks a temporary and permanent injunction compelling Insurer to: (a) promptly pay all undisputed amounts; and (b) cease unfair settlement practices. Plaintiff is willing to post bond as ordered by the Court.
13. JURY DEMAND
12.1 Plaintiff respectfully demands a trial by jury and has tendered the requisite jury fee under TRCP 216. The constitutional right to jury trial is expressly preserved.
14. PRAYER
WHEREFORE, Plaintiff requests that Insurer be cited to appear and answer, and that upon final trial Plaintiff recover:
a. All actual, consequential, mental-anguish, statutory, and exemplary damages;
b. Pre- and post-judgment interest as allowed by law;
c. Reasonable and necessary attorneys’ fees and costs;
d. Injunctive relief as pleaded; and
e. All other relief, at law or in equity, to which Plaintiff may be justly entitled.
15. REQUEST FOR SERVICE OF CITATION
Issue citation for service on Insurer by personal service through its registered agent at the address provided above, or by alternative means authorized by TRCP 106(b) if necessary.
16. VERIFICATION (OPTIONAL)
[// GUIDANCE: A verified petition is NOT required in most insurance disputes. Include only if facts warrant heightened credibility or if seeking expedited relief.]
STATE OF TEXAS §
COUNTY OF __ §
BEFORE ME, the undersigned authority, on this day personally appeared [PLAINTIFF NAME], who being by me duly sworn, stated that the foregoing Petition is true and correct of her own personal knowledge and belief.
[PLAINTIFF NAME]
SWORN TO AND SUBSCRIBED before me on ____, 20__.
Notary Public, State of Texas
My Commission Expires: ___
17. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
[Bar Number]
[Address]
[Telephone] | [Email]
By: ______
[ATTORNEY NAME]
ATTORNEY FOR PLAINTIFF
[// GUIDANCE:
1. Double-check all monetary thresholds, limitation periods (generally two years for ch. 541 and DTPA, four years for contract), and pre-suit notice requirements.
2. Attach policy excerpts, estimates, photographs, or expert reports as exhibits to strengthen factual allegations.
3. If suing multiple defendants (e.g., adjuster), adjust venue statement and individual allegations accordingly.
4. Consider an amended pleading post-discovery to refine damage calculations and add parties if necessary.]