Appraisal – Pet. Granted

  • In re Allstate Vehicle & Prop. Ins. Co.
    • 542 S.W.3d 815
    • County Court at Law No. 2 of Montgomery County
    • Per Curiam, Feb. 22, 2018
  • Bailey insured her home for property damages with Allstate. After Bailey’s home was damaged in a storm, Allstate did not agree with the reported loss for damage and repair to the home. A demand letter was made on Allstate asking it to inform Bailey of the appraiser if it wished to conduct an appraisal of the damage. Allstate responded to the letter without regard to an appraiser or appraisal.
  • In response to the suit, Allstate  filed a motion asking the court for an order compelling an appraisal. Bailey argued that Allstate waived its right to an appraisal.The trial court denied Allstate’s motion.
  • The Ninth Court held that (1) Bailey’s counsel could not unilaterally change Allstate’s rights to an appraisal through a letter to Allstate threatening litigation, (2) Allstate had not unreasonably delayed in seeking an appraisal, (3) Bailey was not prejudiced by any delay in Allstate seeking an appraisal, and (4) Allstate was neither required to plead nor compel appraisal via its answer, a counterclaim, or a motion for summary judgment. A party’s right to appraisal may be accomplished by the filing of motion to compel appraisal, which is the procedure that Allstate followed.
  • The Ninth Court held that the trial court abused its discretion in denying Allstate’s motion, conditionally granted the petition for mandamus relief, and directed the trial court to vacate its order denying the motion to compel the appraisal.