Toonen v. United Services Automobile Ass'n

OPINION

DUNCAN, Justice.

Maria Toonen appeals a summary judgment granted in favor of United Services Automobile Association (USAA). We affirm.

Background

From December 13, 1993 through December 13, 1994, USAA insured Toonen’s home pursuant to a Texas Homeowners Policy. The Policy contained an appraisal clause, which provided:

If you and we fail to agree on the actual cash value, amount of loss or the cost of repair or replacement, either can make a written demand for appraisal. Each will then select a competent, independent appraiser and notify the other of the appraiser’s identity within 20 days…