STORY FROM: Superstorm Sandy Insurance Litigation

Texas Federal Judge Denies Motion to Vacate Appraisal Award, Allows Limited Discovery

DALLAS — A Texas federal judge has denied an insurer’s motion to vacate an appraisal award on the basis of fraud and noncompliance with the policy, explaining that factual findings must be made as to each element of fraud under state law and/or any factual disputes that affect whether the appraisal was appropriately resolved.

On Dec. 1, Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas then granted the insurer’s motion for limited discovery as to the appraisal process.

In October 2014 a storm allegedly damaged Patty DeAnda’s property in Irving, Texas. DeAnda filed a ...

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