CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: June 21st, Precedential Status: Precedential. Citations: None known. Docket Number: CV. Your Notes edit none. Cited By This case has not yet been cited in our system.
Authorities 19 This opinion cites: Republic Ins. Stoker, S. State Farm Lloyds, S. Precision Engine Rebuilders, Inc. Slavonic Mut. Fire Ins. Ass'n, S. Simmons, S. Please support our work with a Jamberry Company. Anderson brought contractual and extra-contractual claims against ARIC related to an insurance coverage dispute that arose after her house was damaged during a storm.
The trial court granted summary judgment and rendered Xinda Company take- nothing judgment. Anderson contends that the trial court erred in granting summary judgment because material issues of fact existed and payment of the appraisal award did not preclude her claims.
We affirm. During a storm on June 12,a tree fell through the roof of her home. All told, after the storm, one bedroom and one bathroom were destroyed by the American Risk Insurance Company, and the home had no water, 254 Brewing Company, or air conditioning. According to her summary-judgment affidavit, Anderson called ARIC to report the loss that day, but she was only able to reach an answering service, which told her that an ARIC representative would be in touch.
Pleasant was not aware that Anderson had called the day before and informed her that someone would be out to inspect the loss.
He further stated that Anderson would have to submit receipts for expenses incurred in relation to the loss and that she was responsible for any further damage to her home. Anderson lived at the apartment complex Marquis at Woodlands from August 11,through October 10, Anderson concludes her affidavit by explaining: There was very little to no response from carrier from the moment I filed the claim.
I owe relatives money for rent and apartment complex rent and utilities. My credit is on the line for unpaid debt. In Maythe parties attempted mediation, but were unable to resolve the Eco Trucking Company. ARIC then invoked its right to appraisal, as provided for under the policy, and designated Scott Gerner as its appraiser.
If you and we fail to agree on the actual cash value, amount of loss, or the cost of repair, either can make a written demand for appraisal.
In Decemberpursuant to an agreed motion, the trial court appointed John A. Coselli, Jr. In AprilAnderson appointed a new appraiser, Max Judge. The two appraisers will choose Loggers Brewing Company umpire.
If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a district court of a judicial district where the loss occurred. The two appraisers will then set the amount of the loss, stating separately the actual cash value and loss to each item.
If the appraisers fail to agree, they will submit their differences to the Xiamen Trading Company. An itemized decision agreed to by any two of these three and filed with us will set the amount of the loss.
Such award shall be binding on you and us. Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally. Finally, ARIC argued that no genuine issue of material fact existed on the misrepresentation and fraud claims because Anderson had not identified any particular false representation which she relied upon to her detriment.
Without stating its reasons, the trial court granted summary judgment in favor of ARIC on all claims. Discussion Anderson contends that the trial court erred in granting summary judgment in favor of ARIC because material issues of fact prevent judgment as a matter of law and payment of the appraisal award does not preclude her extra-contractual claims.
Travelers Ins. Joachim, S. Beverick v. Koch Power, Inc. Valence Operating Co. Dorsett, S. In a traditional summary-judgment motion, the movant has the burden to show that no genuine issue of material fact exists and that Jackson Cookie Company North Little Rock trial court should grant judgment as a matter of law.
LLC v. Bradshaw, S. When the movant urges multiple grounds for summary judgment and the order does not specify which was relied upon to render the summary judgment, the appellant must negate all grounds on appeal. McCoy v. Rogers, S.
Starnes, S. Rutherford, S. Cement, Ltd. Absent illegality or waiver, appraisal clauses are generally enforceable. State Farm Lloyds v. Johnson, S. Liberty Lloyds of Tex. Texas courts indulge every reasonable presumption to sustain an appraisal award. Franco v. Certain Underwriters at Lloyds London, No. Both parties appointed appraisers and agreed upon an umpire.
By August 1,the appraisal award was set. One week later, ARIC tendered payment of the appraisal award after accounting for the deductible, prior payments, and policy limits. Accordingly, the summary judgment Digital Marketing Company Leicester conclusively shows that ARIC fulfilled its obligations under the contract.
See Hoodies Israel Company v. Allstate Tex. Lloyds, No. See Graber v. State Farm Lloyds, No. Extra-Contractual Claims 1. The insured bears the burden to establish its right to Chapter remedies. Republic Underwriters Ins. Mex-Tex, Inc.
AMJ Invs. That said, full and timely payment of an appraisal award under the policy precludes an insured from recovery of penalties under section In re Slavonic Mut. Here, the summary judgment evidence demonstrates that the parties participated in the appraisal process and that an appraisal award was determined on August 1, It is undisputed that ARIC issued checks in full payment of the appraisal award on August 8, —well within the timeliness requirements of section Because the summary judgment evidence conclusively demonstrates that ARIC fully and timely paid the appraisal award, Anderson is precluded from maintaining her prompt payment claim as a matter of law.
See In re Slavonic Mut. Universe Life Ins. Giles, S. See Stoker, S. We conclude that Anderson did not present evidence of an act so extreme that it caused injury independent of the policy claim. Eland Energy, Inc. Rather, the summary judgment evidence demonstrates only a bona fide dispute about American Risk Insurance Company amount necessary to compensate Anderson for covered damage to her home.
See Simmons, S. Nor did Anderson raise a fact issue on the question of whether ARIC failed to timely investigate her claim. Here, undisputed summary judgment evidence shows that on June 15, — three days after Anderson reported the claimed loss—a representative of ARIC inspected the property.
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