in Re Guideone Mutual Insurance Company, 10-16-00404-CV

GuideOne insured D.S. Patel (Western Motel) for property damage from a storm; GuideOne paid two partial payments and Patel sued claiming underpayment.
After unsuccessful mediation, GuideOne invoked the policy’s appraisal clause to resolve dispute over amount of loss; Patel refused to participate.
GuideOne moved to compel appraisal; the trial court denied the motion, prompting GuideOne’s mandamus petition to the Tenth Court of Appeals.
The policy contains a non-waiver clause stating policy terms can be waived or changed only by an endorsement issued by the insurer and made part of the policy.
Patel argued GuideOne waived the appraisal right (and contended the clause was unilateral/optional); GuideOne argued no waiver and relied on the non-waiver clause.
The Court of Appeals held the non-waiver clause controlled, rendering waiver arguments immaterial, and concluded the trial court abused its discretion by refusing to compel appraisal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court must enforce the policy's appraisal clause	Patel: GuideOne waived appraisal by action/inaction; appraisal was a unilateral option and non-waiver clause shouldn’t prevent waiver	GuideOne: No waiver occurred; even if there were a delay, the policy’s non-waiver clause bars waiver absent an endorsement	Court: Non-waiver clause valid and no endorsement exists; waiver argument immaterial; trial court abused discretion—compel appraisal

In re Universal Underwriters of Tex. Ins. Co., 345 S.W.3d 404 (Tex. 2011) (appraisal clauses generally enforceable; mandamus may be required)
State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009) (trial courts cannot ignore valid appraisal clauses)
In re Allstate Cnty. Mut. Ins. Co., 85 S.W.3d 193 (Tex. 2002) (mandamus appropriate to enforce appraisal clause)
American Cent. Ins. Co. v. Bass, 38 S.W. 1119 (Tex. 1897) (non-waiver clauses are valid and enforceable)