Summary
The Texas Thirteenth Court of Appeals denied Homesite Insurance Company's petition for writ of mandamus challenging the denial of its amended motion to compel appraisal in an insurance coverage dispute involving storm-related property damage. The court concluded that Homesite had not met its burden to obtain mandamus relief and lifted the previously imposed stay.
Topics
Practice areas
Questions Presented
- Whether the trial court clearly abused its discretion by denying Homesite's amended motion to compel appraisal.
- Whether Homesite established that it lacked an adequate remedy by appeal and was entitled to mandamus relief.
Holdings
- Homesite did not meet its burden to establish entitlement to mandamus relief, so the petition for writ of mandamus was denied.
Key quotations
“Mandamus is an ‘extraordinary remedy’ that is ‘available only in limited circumstances.’”
“A writ of mandamus is available to correct a clear abuse of discretion for which there is no adequate remedy by appeal.”
Factual background
The underlying lawsuit concerns insurance coverage for storm-related property damage. Homesite sought to compel appraisal, but the trial court denied its amended motion. Homesite then sought mandamus relief from the court of appeals.
Procedural history
The trial court denied Homesite's amended motion to compel appraisal. Homesite sought mandamus relief in the court of appeals, which had previously denied relief concerning Homesite's original motion to compel appraisal. The court denied the present petition and lifted the previously imposed stay.