In re Century Surety Company, Relator

Summary

This document is Century Surety Company's reply to the real party in interest's response to Century's petition for writ of mandamus in the Seventh Court of Appeals of Texas. It argues that Century did not waive its contractual appraisal rights, that the opposing party failed to establish prejudice, and that the trial court should sever and abate extra-contractual claims following Century's settlement offer. The filing concerns an original proceeding arising from the 320th Judicial District Court of Potter County, Texas.

Questions Presented

1. Whether Century waived its contractual right to appraisal by defending the litigation, participating in discovery and mediation, or delaying its appraisal demand.
2. Whether 1408 S. Jefferson, LLC was required to show prejudice to establish waiver of the appraisal right and, if so, whether it demonstrated prejudice.
3. Whether Century's Rule 167 settlement offer covering all monetary claims required severance and abatement of the extra-contractual claims from the breach-of-contract claim.
4. Whether the trial court abused its discretion so that mandamus relief should issue.

Disposition

other