‘Appraisals require no attorneys, no lawsuits, no pleadings, no subpoenas, and no hearings.’ Johnson, 290 S.W.3d at 895
‘In theory, appraisal is to be used to provide a simple, speedy, inexpensive, and fair method of determining the amount of loss.’ Fire Ass’n v. Ballard, 112 S.W.2d 532, 534 (Tex.Civ.App. — Waco 1938, no writ). “Appraisals can provide a less expensive, more efficient alternative to litigation, and we recently held they should generally go forward without preemptive intervention by the courts.” Universal Underwriters, 345 S.W.3d at 407, citing Johnson, 290 S.W.3d at 895. “It would be a rare case in which appraisal could not be completed with less time and expense than it would take to file motions contesting it. Allowing litigation about the scope of appraisal before the appraisal takes place would mark a dramatic change in Texas insurance practice, and surely encourage much more of the same.” Johnson, 290 S.W.3d at 895.
PRACTICE POINTER
It’s difficult to avoid the temptation to seek the court’s intervention in an appraisal that appears to be going off the tracks. In fact, this basic rule is frequently violated. One of the driving reasons behind the rule is human nature — you might be surprised to learn how often having an award brings the parties together and resolves the dispute (in-spite of perceived differences).
Disclaimer
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