Court Denies Raynard Paige's Motion on Appraisal Waiver in Windstorm Damage Dispute
RAYNARD PAIGE, Plaintiff, v. STATE FARM LLOYDS, Defendant.
Civil Action No. 3:23-cv-303-N.
United States District Court, N.D. Texas, Dallas Division.
April 23, 2024.
DAVID C. GODBEY, Chief District Judge.
Memorandum Opinion and Order
Introduction
This Order addresses Plaintiff Raynard Paige's motion for a finding that appraisal is waived or, alternatively, for the entry of scheduling order deadlines governing appraisal. Paige's motion stems from a dispute over the cost of damage to his home after windstorms in 2021. State Farm Lloyds ("State Farm") quoted the damages at $899.18, which was below the policy deductible of $1,204.00. Paige invoked the insurance appraisal clause on June 6, 2022, and State Farm responded by designating an appraiser. The appraisers later involved an umpire, and while the appraisal was still in progress, Paige filed suit against State Farm in state court. Paige sought monetary relief of $250,000 or less, and his demand letter outlined a total claim of $92,965.77. State Farm removed the suit to federal court, and since the motion was filed, an appraisal award has been entered, making some aspects of Paige's motion moot. The Court now addresses whether State Farm waived its right to appraisal.
State Farm Did Not Waive Appraisal
Paige argues that State Farm's insistence on the amount in controversy exceeding $75,000 constitutes a waiver of appraisal. He contends that State Farm cannot argue for a high amount in controversy while maintaining a low appraisal value. However, Paige provides no evidence to support that State Farm waived the appraisal. Furthermore, the amount in controversy is not determined by the initial appraisal amount but by the jurisdictional facts at the time the complaint is filed. The Court had previously held that State Farm satisfied the amount in controversy requirement for diversity jurisdiction because Paige's claims initially placed damages of up to $250,000 in controversy.
Paige's motion appears to be a strategy to withdraw from the appraisal process because it might result in an award significantly lower than his claimed damages. Texas courts uphold appraisal clauses as binding for determining the extent or amount of loss. Paige's attempt to retroactively strip the Court of jurisdiction or claim that State Farm waived appraisal by asserting a high amount in controversy is unsupported by any cited authority. Therefore, the Court denies Paige's motion for finding that appraisal is waived.
Conclusion
Because Paige fails to present facts or evidence that State Farm waived the appraisal and cites no authority to support his claims, the Court denies Paige's motion for finding that appraisal is waived. Additionally, since the appraisal award has been entered, the Court finds Paige's request for scheduling deadlines for appraisal and State Farm's request for abatement to be moot.
Keywords:
Insurance dispute, windstorm damage, appraisal waiver, motion to dismiss, State Farm Lloyds, Raynard Paige, court ruling.
Meta Title:
Court Denies Raynard Paige's Motion on Appraisal Waiver in Windstorm Damage Dispute
Meta Description:
The Northern District of Texas denied Raynard Paige's motion for a finding that State Farm Lloyds waived appraisal in a windstorm damage dispute, citing insufficient evidence and unsupported claims.