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