Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 30, 2018.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re Allstate Vehicle & Prop. Ins. Co., No. 02-17-00319-CV (May 3, 2018) (orig. proceeding) (Walker, J., joined by Meier, J.; Gabriel, J., concurs with opinion).

Held:  Because the trial court did not abuse its discretion by factually finding and legally concluding that Relator Allstate Vehicle and Property Insurance Company had waived its contractual right to invoke its policy’s appraisal provision and because the policy does not contain a nonwaiver clause, we deny Allstate’s petition for writ of mandamus.

Concurrence:  Although the point of impasse occurred on July 26, 2017, not on May 9, 2017, Allstate’s conduct waived its appraisal right.