Victory in the Court of Appeals
April 19, 2010The Houston (14th District) Court of Appeals recently handed a significant victory to a Beck Redden client. The case (In re Slavonic Mutual Fire Insurance) arises out of insurance litigation spawned by Hurricane Ike. The issue involved the test under Texas law for waiver of an appraisal clause in an insurance policy. The trial court found that the insurer had waived the appraisal clause by failing to invoke it until the insured had hired a lawyer and filed a lawsuit. The appellate court unanimously disagreed. Chief Justice Adele Hedges wrote the opinion.
Beck Redden appellate partner David Gunn did the briefing on appeal with the assistance of his appellate colleague Erin Huber. They worked together on the mandamus papers with Houston trial attorney Jeff Hoffman.