Sunday, September 16, 2012

In Texas, Abatement of Lawsuit Not Required Pending Completion of Appraisal Process

The Supreme Court of Texas has held that a trial court has no discretion to deny a demand for appraisal pursuant to a policy of insurance. Yet, the Court, while recognizing the potential that appraisal may save time and ultimately resolve all pending disputes made the basis of the lawsuit, held that the trial court is not required to abate the case pending completion of the appraisal process. I note the illogical nature of this holding.

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