CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, AUGUST 24, 2026

Appraisal Appropriate Where Parties Disagree on Amount of Loss Despite Unresolved Coverage Issues

Water leak from pipe
August 24, 2026
Tred R. Eyerly - Insurance Law Hawaii

The Texas Supreme Court granted mandamus, agreeing that the trial court abused its discretion in denying the insurers’ motion to compel appraisal because of existing coverage issues. In re ACE American Ins. Co., 2026 Tex. LEXIS 411 (Tex. May 8, 2026).

The insured owned, leased and managed commercial properties nationwide. Several insurers collectively insured these properties under various commercial property policies. The insured’s property at issue was a food-distribution warehouse in Dallas.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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