In re UNIVERSAL UNDERWRITERS OF TEXAS INSURANCE COMPANY, Relator.
Supreme Court of Texas.https://leagle.com/images/logo.png
Argued December 8, 2010.
Decided May 6, 2011.
Attorney(s) appearing for the Case
Don Martinson , Rebecca Raper , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Relator Universal Underwriters of Texas Insurance Company.
Scott M. Keller , The Law Offices of Scott M. Keller, Robert Nathan Grisham , The Law Offices of Robert N. Grisham II, Dallas, TX, for Real Party in Interest Grubbs Infiniti, Ltd.
Wade Caven Crosnoe , Thompson Coe Cousins & Irons, L.L.P., Austin, TX, for Amicus Curiae Insurance Council of Texas and Property Casualty Insurers.
Peter M. Kelly , Kelly Durham & Pittard LLP, Houston, TX, George (Tex) Quesada , Sommerman & Quesada, L.L.P., Dallas, TX, James B. Lewis , Lewis & Hildebrand PC, Houston, TX, for Amicus Curiae Texas Trial Lawyers Association.
Brendan K. McBride , The McBride Law Firm, San Antonio, TX, for Amicus Curiae Texas Apartment Assoc., Inc., Texas Assoc. of School Boards.
William F. Merlin Jr. , Merlin Law Group, P.A., Houston, TX, for Amicus Curiae United Policyholders.
Gardner C. Pate , Locke Lord Bissell & Liddell LLP, Austin, TX, for Amicus Curiae Texas Building Owners and Managers Association.
Howard M. Bookstaff , Hoover Slovacek LLP, Houston, TX, for Amicus Curiae Houston Apartment Association, Inc. ("HAA").
Connie Niemann Heyer , Niemann & Niemann, L.L.P., Austin, TX, for Amicus Curiae Texas Community Association Advocates.
Supreme Court of Texas.
Chief Justice JEFFERSON delivered the opinion of the Court.
Appraisal clauses, a common component of insurance contracts, spell out how parties will resolve disputes concerning a property's value or the amount of a covered loss. When the parties disagree, but neither seeks appraisal until one has filed suit, has the party demanding appraisal waived its right to insist on the contractual procedure? Because we conclude that, absent conduct indicating waiver and a showing...
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