Gutierrez v. Allstate Vehicle and Property Insurance Company

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARIA GUTIERREZ,
Plaintiff,
VS.
ALLSTATE VEHICLE AND PROPERTY
INSURANCE COMPANY
Defendant.
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ORDER
CIVIL ACTION NO. 4:25-cv-1626
Pending before this Court is Defendant Allstate Vehicle and Property Insurance Company's
("Defendant") Motion to Compel Appraisal. (Doc. No. 5). Plaintiff Maria Gutierrez ("Plaintiff')
did not respond to the motion. For the following reasons, Defendant's Motion to Compel Appraisal
is GRANTED.
I.
This is a residential property insurance case. Plaintiff claims her home suffered damage
during the July 8, 2024, Hurricane Beryl weather event. (Doc. No. 5 at 1). Defendant is Plaintiff's
home insurance carrier. (Id.). Plaintiff filed this lawsuit in the 270th Judicial District Court of
Harris County, Texas, and Defendant timely removed the case to this Court, invoking diversity
jurisdiction. (Doc. No. 1 at 1). Plaintiff alleges that Defendant denied or underpaid Plaintiff's
insurance claims. (Doc. No. 1-1 at 7).
Due to a "disagreement" between the parties, Defendant notified Plaintiff it was "invoking
appraisal" pursuant to the parties' insurance policy provision. (Doc. No. 5 at 1). Plaintiff's
insurance policy has the following appraisal provision:
United States District Court
Southern District of Texas
ENTERED
November 19, 2025
Nathan Ochsner, Clerk
Case 4:25-cv-01626 Document 13 Filed on 11/17/25 in TXSD Page 1 of 2

8. Appraisal.
If you and we fail to agree on the amount of loss, either party may make written
demand for an appraisal. Upon such demand, each party shall select a competent
and impartial appraiser and notify the other of the appraiser 's identity within 20
days after the demand is received. The appraisers will select a competent and
impartial umpire. If the appraisers are unable to agree upon an umpire, then an
umpire will be appointed ...
(Doc. 5-2 at 46-4 7). Pursuant to this policy term, Defendant made a written demand for an
appraisal to Plaintiff's counsel on April 11, 2025. (Doc. No. 5-1 at 2). In that demand, Defendant
selected its appraiser. (Id.). As of May 12, 2025, Plaintiff had not provided the name of her chosen
appraiser, thus delaying the appraisal process. (Doc. No 5 at 3).
II.
Under Texas law, appraisal provisions are valid, and like any other contractual provision,
they should be enforced. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 895 (Tex. 2009). An
appraisal provision "binds the parties to have the extent or amount of the loss determined in a
particular way." In re Allstate Cnty. Mut. Ins. Co ., 85 S.W.3d 193, 195 (Tex. 2002). The parties do
not dispute whether the appraisal provision is enforceable here, as indicated by Plaintiff's lack of
response.
III.
For the foregoing reasons, Defendant's Motion to Compel Appraisal is GRANTED, and
Plaintiff is ordered to provide the name, address, and contact information of her chosen appraiser
to Defendant no later than December S, 2025.
It is so ordered.
,\"--
Signed on this the -11_ day of November 2025.
Andrew S. Hanen
United States District Judge
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Case 4:25-cv-01626 Document 13 Filed on 11/17/25 in TXSD Page 2 of 2