10-0238 IN RE UNIVERSAL UNDERWRITERS OF TEX. INS. CO.

(Justice Lehrmann not sitting) 10-0238 In re Universal Underwriters of Texas Insurance Co. from Tarrant County and the Second District Court of Appeals, Fort Worth For relator: Don Martinson, Dallas For real party in interest: Scott M. Keller, Dallas For amicus curiae Texas Trial Lawyers Association: Peter M. Kelly, Houston The issue in this insurance dispute is whether Universal waived its right to appraisal either by not invoking it at the time the parties were disputing a claim valuation or when it sent a letter to the claimant advising him of limitations on a lawsuit if he chose to sue. Grubbs Infiniti sued Universal for breaching the insurance contract after Universal paid for hail damage Grubbs claimed for its roof. Universal initially paid the hail-damage claim but not on the roof until Grubbs requested the roof’s additional inspection. When Grubbs sued, Universal moved to abate and to compel appraisal under the policy’s appraisal provision. The trial court denied the motions and the court of appeals denied the insurer’s mandamus petition. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us