in Re Century Surety Company, Relator, 07-15-00386-CV

Century Surety issued a commercial property policy to 1408 Jefferson, LLC (Jefferson); Jefferson claimed hail damage after May 28, 2013 and sued Century on December 16, 2013 alleging breach of contract and extra‑contractual claims.
Century paid some amounts; Jefferson contended payment was insufficient. The parties engaged in discovery, designated experts, and mediated without settlement.
Century reserved its right to invoke the policy’s appraisal clause in its answer and later (May 1, 2015) demanded appraisal; Jefferson refused, arguing Century waived appraisal by delaying after suit.
Century moved to compel appraisal and to sever and abate extra‑contractual claims; the trial court denied relief by written orders (Aug. 10 and Sept. 15, 2015).
Century petitioned for mandamus. The court considered whether the trial court abused its discretion by denying (1) enforcement of the appraisal clause and (2) severance and abatement of extra‑contractual claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether insurer may compel appraisal under the policy	Jefferson: Century waived appraisal by delaying and preparing for trial — no impasse existed or prejudice shown	Century: Appraisal right preserved; demand timely and not waived	Court: Trial court abused discretion; appraisal must be compelled because Jefferson failed to prove waiver or prejudice
Whether extra‑contractual claims must be severed and abated after insurer made a settlement offer	Jefferson: Claims should proceed together; severance/abatement unnecessary	Century: Settlement offer requires severance and abatement to avoid prejudice and unnecessary expense	Court: Trial court abused discretion; sever and abate extra‑contractual claims

Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus standard: correct clear abuse of discretion or violation of duty)
In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (adequate remedy by appeal explained)
In re Universal Underwriters of Tex. Ins. Co., 345 S.W.3d 404 (Tex. 2011) (appraisal clauses generally enforceable; waiver requires intent and prejudice)
State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009) (trial courts may not ignore valid appraisal clauses)
In re Allstate Cty. Mut. Ins. Co., 85 S.W.3d 193 (Tex. 2002) (orig. proceeding) (mandamus may compel appraisal)
In re Olshan Found. Repair Co., 328 S.W.3d 883 (Tex. 2010) (standard for abuse of discretion)
In re General Elec. Capital Corp., 203 S.W.3d 314 (Tex. 2006) (waiver requires intentional relinquishment of known right)
In re Acadia Ins. Co., 279 S.W.3d 777 (Tex. App.—Amarillo 2007) (orig. proceeding) (waiver is an affirmative defense to appraisal)