Fixing Problems In The Texas Insurance Appraisal Process

By Steven Badger (January 24, 2018, 4:59 PM EST) -- In Scottish Union & National Insurance vs. Clancy, the Supreme Court of Texas held that compliance with an appraisal provision in an insurance policy was a condition precedent to suit and had not been waived by the insurance company. In American Fire Insurance Company vs. Stuart, the Court of Civil Appeals of Texas held that appraisal was not proper when there had not yet been an attempt at settlement of the claim by both parties. In Royal Insurance Company vs. Parlin & Orendorff Company, the Court of Civil Appeals of Texas held that a jury properly set aside an appraisal award where an appraiser was "neither impartial nor disinterested."...

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