In Texas, Waiving Right To Appraisal Takes Prejudice

Law360, New York (January 24, 2014, 7:00 PM EST) -- Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the appraisal process while others muddy the waters further. One thing is clear across the board — Texas is pro-appraisal.

As a matter of public policy, Texas courts have long encouraged appraisal as an alternative to litigation. But, at what point does the benefit of avoiding litigation dissipate to the point that...
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