Texas Supreme Court
In Re Universal Underwriters of Texas Insurance Company, Relator.
May 6, 201154 Tex. Sup. Ct. J. 931
Summary
The Texas Supreme Court held that Universal Underwriters did not waive its right to demand appraisal despite an eight‑month delay, because waiver requires both intent to relinquish the right and a showing of prejudice. The Court clarified that the point of reference for a reasonable appraisal demand is the impasse, not merely a disagreement, and conditionally granted mandamus relief directing the trial court to compel appraisal.