NO WAIVER OF RIGHT OF TO APPRAISAL WITHOUT SHOWING OF PREJUDICE

May 3, 2012

Last Thursday, the Beaumont Court of Appeals conditionally granted a writ of mandamus, compelling a trial court to order the parties to appraisal as requested by the insurer.  In re Cypress Texas Lloyds, --- S.W.3d ----, 2012 WL 1435739 (Tex.App.—Beaumont April 26, 2012.)  In this homeowners dispute, the homeowner sued Cypress Texas Lloyds.  In response to the lawsuit, “Cypress pleaded the failure to submit to the appraisal process and requested abatement in its original answer and in a series of amended answers. Cypress subsequently moved to compel appraisal.” The trial court denied the motion to compel and Cypress filed a petition for writ of mandamus.  The homeowners argued Cypress waived its right to appraisal because it unreasonably delayed requesting the appraisal.  The Beaumont Court of Appeals rejected the homeowners’ argument because the homeowner did not show it was prejudiced by Cypress’ failure to request appraisal.