Case Study: In Re Universal Underwriters Of Texas

Law360, New York (May 16, 2011, 3:54 PM EDT) -- On May 6, 2011, the Texas Supreme Court handed down a significant opinion, regarding appraisal. In a writ of mandamus proceeding, the court in In re Universal Underwriters of Texas Insurance Company held: (1) waiver of appraisal cannot be based solely on the length of delay, but must also take into account the parties’ conduct; (2) delay must be measured from the point of impasse, not the point at which a mere disagreement about the amount of loss occurred; and (3) a party must show it...
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