Bad faith is an insurer's unreasonable denial, delay, or underpayment of a claim it owes under the policy. A first-party claim is one you bring against your own insurer for your own loss — as opposed to a claim against someone else's insurer.

Texas gives policyholders two main routes. Statutory claims arise under the Texas Insurance Code — Chapter 541 (unfair or deceptive practices) and Chapters 542/542A (the Prompt Payment of Claims Act). There is also a common-law duty of good faith and fair dealing an insurer owes its own policyholder.

A violation of Chapter 541 of the Insurance Code can also be pursued under the Texas DTPA, because the DTPA expressly lists Insurance Code Chapter 541 violations as actionable — so a qualifying policyholder may recover the DTPA's damages, including up to treble damages and attorney's fees. Brent Devere is board certified in both consumer law and commercial law, which is directly relevant to these claims.

Depending on the case: the policy benefits wrongfully withheld, additional financial losses caused by the insurer's conduct, and — where a knowing violation is proven — up to three times your actual damages, plus attorney's fees.

Keep the denial letter and your policy, document your communications with the insurer, and avoid giving a recorded statement or signing anything before you understand your rights. A free consultation can help you determine whether the denial was legitimate or potentially bad faith.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent Devere is board certified in four areas: consumer law, commercial law, residential and commercial real estate law, and consumer bankruptcy law. Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.