Texas Supreme Court
In Re Allstate County Mutual Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate…
August 29, 200245 Tex. Sup. Ct. J. 1229
Summary
The Texas Supreme Court held that the trial court erred by treating the insurance policy appraisal clause as an arbitration agreement and refusing to enforce it, constituting an abuse of discretion; therefore the Court conditionally granted mandamus relief ordering the trial court to enforce the appraisal provision. Justice BAKER, dissenting, argued that the appellate remedy was adequate and mandamus should be denied.