Vanguard Underwriters Insurance Co. v. Smith

ON PETITION FOR WRIT OF MANDAMUS

In this original proceeding, relator Vanguard Underwriters Insurance Company (Vanguard) seeks relief from the denial of its motion to compel Brian and Donna Johnson (the Johnsons) to submit to appraisal and to abate an underlying law suit until the appraisal is completed. For reasons we later recount, we conditionally grant the petition.

Under the record before us the facts appear to be undisputed. The underlying suit is based upon a Texas Standard Homeowners Policy issued by Vanguard to the Johnsons and involves a dispute between the parties about the amount of…