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Expert Analysis

So Far, So Right — Menchaca Has Not Changed Appraisal Law

By Victoria Vish (February 26, 2018, 2:42 PM EST) -- Ten months ago, the Supreme Court of Texas issued an opinion which was predicted by some to change the course of Texas precedent regarding extracontractual liability after timely payment of an appraisal award. Eight months ago, we published an article, "Why Menchaca Changes Nothing for Appraisal Law" which predicted that the USAA Texas Lloyds Co. v. Menchaca[1] decision would not disturb the finality of an appraisal award because timely payment categorically precludes breach of contract claims, and by extension, common law and statutory bad faith claims. Since that article, numerous courts have spoken. We got it right — so far....

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