In re American National Property and Casualty Co.
Court determines that insurer had not waived its nonwaiver provision, as it did not "intentionally engage in conduct inconsistent with claiming the right to enforce the nonwaiver agreement"; thus, no implied waiver of the right to appraisal existed.
commercial property insurance policy, hail storm, hail, appraisal, motion to compel, writ of mandamus, nonwaiver provision, intentional conduct inconsistent with claiming rights, implied waiver, prejudice
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