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In re United Services Automobile Association

Court: Tx 3-Austin  12/23/2020  Mandamus Granted After Trial Court Denies Insurer's Motion to Compel Appraisal

The court found that the insurer had not waived its right to compel appraisal by waiting until six months after the insured filed the lawsuit to seek an appraisal and further found that the appraisal process was an appropriate method of determining whether the insurer should have replaced damaged property rather than restoring it because the issue involved the amount of the loss as opposed to coverage for the loss.

homeowners insurance, appraisal, mandamus, abuse of discretion, actual cash value, repair or replacement, pre-loss condition, waiver, loss of use

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