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Martinez v. Nationwide General Insurance Co.

Court: ND Tx  07/02/2020  District Court Compels Appraisal but Refuses to Abate Case Pending Appraisal

The court found that the insureds' filing of a lawsuit against their insurer did not constitute an "impasse" between the parties, and the insureds did not waive the right to seek appraisal. The court, therefore, granted the motion to compel appraisal but refused to abate the case pending the completion of an appraisal because there were other issues other than the amount of the loss that were in dispute between the parties.

homeowner's insurance policy, appraisal, motion to compel, waiver, impasse, abatement

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