STORY FROM: Superstorm Sandy Insurance Litigation

Texas Judge Refuses to Set Aside Appraisal Award in Hailstorm Damage Coverage Dispute

SHERMAN, Texas — A Texas federal judge has denied a motion to set aside an appraisal award in a dispute over coverage for hailstorm damage, finding the policyholder failed to submit evidence that the award was issued as a result of a mistake.

In a July 29 order, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas explained that “a court will not substitute its judgment for that of the appraisers in the absence of a showing that the award was induced by fraud, accident, mistake, or some circumstance that would render it unjust ...

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