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in Re Nancy Cantu and Ignacio Cantu
13-17-00342-CV
| Tex. App. | Aug 2, 2017
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Background

  • Nancy and Ignacio Cantu filed a homeowner’s insurance claim with State Farm Lloyds after a hailstorm and later sued over denied/ disputed losses.
  • State Farm invoked the policy’s appraisal clause to resolve the dispute.
  • The Cantus designated David Poyner as their appraiser; Poyner had previously prepared an expert damage estimate for the Cantus.
  • State Farm objected, arguing Poyner was not "competent, disinterested" as required by the policy.
  • The trial court held a hearing, disqualified Poyner, and ordered the Cantus to appoint a different "competent, disinterested appraiser."
  • The Cantus petitioned for a writ of mandamus arguing the court erred in disqualifying Poyner absent evidence of actual bias; the Court of Appeals denied mandamus relief.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court abused its discretion by disqualifying the Cantus’ chosen appraiser under the policy requirement of a "competent, disinterested appraiser" and thus mandamus relief is warranted Cantus: Disqualification was improper because there was no evidence of actual bias; appraisal clause should be enforced by allowing their appraiser State Farm: Poyner is not qualified/disinterested given his prior role preparing an expert damage estimate, justifying disqualification Court: Denied mandamus — relators did not show entitlement to relief or clear abuse of discretion; stay lifted and petition denied

Key Cases Cited

  • In re H.E.B. Grocery Co., 492 S.W.3d 300 (Tex. 2016) (mandamus is an extraordinary remedy; relator bears burden)
  • In re Christus Santa Rosa Health Sys., 492 S.W.3d 276 (Tex. 2016) (mandamus to correct clear abuse of discretion)
  • In re Nationwide Ins. Co. of Am., 494 S.W.3d 708 (Tex. 2016) (abuse of discretion standards)
  • Ford Motor Co. v. Garcia, 363 S.W.3d 573 (Tex. 2012) (abuse of discretion occurs when ruling is arbitrary/unreasonable)
  • In re Essex Ins. Co., 450 S.W.3d 524 (Tex. 2014) (weighing adequacy of appellate remedy vs. mandamus review)
  • In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (considerations for mandamus relief)
  • In re Universal Underwriters of Tex. Ins. Co., 345 S.W.3d 404 (Tex. 2011) (mandamus appropriate to enforce appraisal clause)
  • In re Allstate Cty. Mut. Ins. Co., 85 S.W.3d 193 (Tex. 2002) (same: enforcement of appraisal clauses)
Read the full case

Case Details

Case Name: in Re Nancy Cantu and Ignacio Cantu
Court Name: Court of Appeals of Texas
Date Published: Aug 2, 2017
Docket Number: 13-17-00342-CV
Court Abbreviation: Tex. App.