Insurer Did Not Waive Right to Demand Appraisal, Texas Appellate Court Rules

HOUSTON — An insurer did not waive its right to demand appraisal by waiting nearly four years after a lawsuit was filed in a Hurricane Ike coverage dispute, a Texas appellate court has ruled, finding that the insurer’s demand was made promptly after the parties had reached an impasse as to the value of their covered loss.

In a Sept. 29 opinion, the Texas 14th Court of Appeals also ruled that the insurer’s coverage determination regarding a fence on their property was in accordance with the policy language.

Elie and Rhonda Nassar own a residence in Richmond, Texas, which is …