In Re Homeowners of America Insurance Co.

Court: Tx 1-Houston  11/14/2023  Trial Court Did Not Abuse Its Discretion By Refusing to Abate Lawsuit So Appraisal Could Proceed Because Insurer Never Sought to Compel Appraisal

The appellate court said that the insurer was not entitled to mandamus after the trial court refused to abate the lawsuit until after the claim was submitted to an appraisal despite the clause in the insurer's policy providing that the insurer could not be sued until after an appraisal is completed because the insurer never asked the trial court to compel an appraisal.

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abuse of discretionmandamusabatementabatehomeowners insuranceappraisal clause

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