425 S.W.3d 444
Tex. App.2011Background
- Parikh v. Cypress Texas Lloyds involves an insurance dispute after Hurricane Ike.
- Parikh and Daksha Parikh sued CTL for breach of contract, Insurance Code violations, and bad-faith duties.
- CTL moved to compel appraisal and abate the litigation, arguing the policy's appraisal clause is a condition precedent.
- The trial court granted compel appraisal but denied abatement of the suit.
- CTL argues abatement is required to enforce the appraisal clause and that mandamus relief is appropriate.
- The court ultimately held mandamus relief is not available to compel abatement during appraisal under controlling Texas Supreme Court authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus lies to compel abatement pending appraisal | CTL argues the appraisal clause is a condition precedent and abatement is mandatory | Parikh argues abatement is not mandated by policy language and mandamus relief is not appropriate | No mandamus relief; denial of CTL's petition stands |
Key Cases Cited
- In re Universal Underwriters of Tex. Ins. Co., 345 S.W.3d 404 (Tex. 2011) (abstention on mandamus regarding abatement not automatic; appraisal generally enforceable)
- In re Allstate County Mut. Ins. Co., 85 S.W.3d 193 (Tex. 2002) (abatement not subject to mandamus; appraisal timing discretion exists)
- State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009) (appraisal is a condition precedent to suit; reasonable time to invoke appraisal)
- Scottish Union & Nat’l Ins. Co. v. Clancy, 8 S.W. 630 (Tex. 1888) (foundation for appraisal as a prerequisite to suit)