On March 28, 2024 a
Complaint,Petition
was filed
involving a dispute between
and
for Real Property - Other
in the District Court of Montgomery County.
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RECEIVED AND FILED
CAUSE nod 0d “O40 I\ RECOR
‘Clock £m.
§ IN THE DISTRICT COURT MAR 2 8 2024
IN RE: CORTNEY DAVID
Melisa iller, District Clerk
2226 OLD OX RD
, Texas
SPRING, TX 77386 By’ Deputy
CLAIM # 53-51R2-33Q §
(PETITIONER/INSURED)
5264 supiciaL DISTRICT
STATEFARM INSURANCE §
(RESPONDENT/INSURER)
§ MONTGOMERY: COUNTY TEXAS
APPLICATION FOR APPOINTMENT OF UMPIRE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME, _CORTNEY DAVID, hereinafter referred to as the Applicant, and the
insurance company, STATEFARM. , hereinafter referred to as Respondent and
would respectfully show the Court as follows: The parties have mutually agreed to have the
Judge appoint an impartial umpire to complete the appraisal process under the terms and
conditions of the Policy.
I. Parties
The Applicant resides at 222 6 OLD OX RD SPRING. TX ,in __Montgomery
County, Texas and owns the home made the basis of this Petition.
Page 1 of 5
II. Appraisal Clause
Appraisal.
If you and we fail to agree on the amount of loss, either party can demand that the
amount of the loss be set by appraisal. Only you or we may demand appraisal. A demand
Sor appraisal must be in writing. You must comply with SECTION I —- CONDITIONS,
Your Duties After Loss before making a demand for appraisal. At least 10 days before
demanding appraisal, the party seeking appraisal must provide the other party with
written, itemized documentation of a specific dispute as to the amount of the loss,
identifying separately each item being disputed.
a. Each party will select a competent, disinterested appraiser and notify the other party of
the appraiser's identity within 20 days of receipt of the written demand for appraisal.
5. The appraisers will then attempt to set the amount of the loss of each item in dispute as
specified by each party, and jointly submit to each party a written report of agreement
signed by them. In all instances the written report of agreement will be itemized and state
separately the actual cash value, replacement cost, and if applicable, the market value of
each item in dispute. The written report of agreement will set the amount of the loss of
each item in dispute and will be binding upon you and us.
c. If the two appraisers fail to agree upon the amount of the loss within 30 days, unless
the period of time is extended by mutual agreement, they will select a competent,
disinterested umpire and will submit their differences to the umpire. If the appraisers are
unable to agree upon an umpire within 15 days:
(1) you or we may make a written application for a judge of a court of record in the same
state and county (or city if the city is not within a county) where the residence premises is
located to select an umpire; Page 4 January 19, 2024
(2) the party requesting the selection described in item c.(1) must provide the other party:
(a) written notice of the intent to file, identifying the specific location and identity of the
court at least 10 days prior to submission of the written application; and (b) a copy of the
written application; and
(3) a written report of agreement, as required in item b., signed by any two (appraisers or
appraiser and umpire) will set the amount of the loss of each item in dispute and will be
binding upon you and us. In all instances the written report of agreement will be itemized
and state separately the actual cash value, replacement cost, and if applicable, the market
value of each item in dispute.
Page 2 of 5
Facts
The Plaintiff's home suffered damages resulting from a sudden and accidental tree falling onto
the home on or about June 22 .2023 for which the Applicant submitted a claim to the Respondent,
State Farm insurance company, which it partially denied breaching the terms of the insurance
contract coverage for the Applicant’s home for which they now are disputing
lib bull APPLICANT
Cortney David
2226 Old Ox Rd
Spring, TX 77386
832-449-1038
cortneydavid(@ rocketmail.com
APPRAISER FOR APPLICANT
Michelle Elko
M. L. Appraisals
4711 Hawthorne St
Seabrook, TX 77586
(O) 281-545-3919
(C) 409- 289-2858
Michelleelko9@ gmail.com
APPRAISER
FOR RESPONDENT
Bryan Scanlan
bryan@iccgrp.comaims
14525 Hunters Pass
Austin, Texas 78734
(C) 512-576-4493
Page 3 of 5
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Page 5 of 5
Document Filed Date
March 28, 2024
Case Filing Date
March 28, 2024
Category
Real Property - Other
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RECEIVED AND FILED CAUSE nod 0d “O40 I\ RECOR ‘Clock £m. § IN THE DISTRICT COURT MAR 2 8 2024 IN RE: CORTNEY DAVID Melisa iller, District Clerk 2226 OLD OX RD , Texas SPRING, TX 77386 By’ Deputy CLAIM # 53-51R2-33Q § (PETITIONER/INSURED) 5264 supiciaL DISTRICT STATEFARM INSURANCE § (RESPONDENT/INSURER) § MONTGOMERY: COUNTY TEXAS APPLICATION FOR APPOINTMENT OF UMPIRE TO THE HONORABLE JUDGE OF SAID COURT: NOW COME, _CORTNEY DAVID, hereinafter referred to as the Applicant, and the insurance company, STATEFARM. , hereinafter referred to as Respondent and would respectfully show the Court as follows: The parties have mutually agreed to have the Judge appoint an impartial umpire to complete the appraisal process under the terms and conditions of the Policy. I. Parties The Applicant resides at 222 6 OLD OX RD SPRING. TX ,in __Montgomery County, Texas and owns the home made the basis of this Petition. Page 1 of 5 II. Appraisal Clause Appraisal. If you and we fail to agree on the amount of loss, either party can demand that the amount of the loss be set by appraisal. Only you or we may demand appraisal. A demand Sor appraisal must be in writing. You must comply with SECTION I —- CONDITIONS, Your Duties After Loss before making a demand for appraisal. At least 10 days before demanding appraisal, the party seeking appraisal must provide the other party with written, itemized documentation of a specific dispute as to the amount of the loss, identifying separately each item being disputed. a. Each party will select a competent, disinterested appraiser and notify the other party of the appraiser's identity within 20 days of receipt of the written demand for appraisal. 5. The appraisers will then attempt to set the amount of the loss of each item in dispute as specified by each party, and jointly submit to each party a written report of agreement signed by them. In all instances the written report of agreement will be itemized and state separately the actual cash value, replacement cost, and if applicable, the market value of each item in dispute. The written report of agreement will set the amount of the loss of each item in dispute and will be binding upon you and us. c. If the two appraisers fail to agree upon the amount of the loss within 30 days, unless the period of time is extended by mutual agreement, they will select a competent, disinterested umpire and will submit their differences to the umpire. If the appraisers are unable to agree upon an umpire within 15 days: (1) you or we may make a written application for a judge of a court of record in the same state and county (or city if the city is not within a county) where the residence premises is located to select an umpire; Page 4 January 19, 2024 (2) the party requesting the selection described in item c.(1) must provide the other party: (a) written notice of the intent to file, identifying the specific location and identity of the court at least 10 days prior to submission of the written application; and (b) a copy of the written application; and (3) a written report of agreement, as required in item b., signed by any two (appraisers or appraiser and umpire) will set the amount of the loss of each item in dispute and will be binding upon you and us. In all instances the written report of agreement will be itemized and state separately the actual cash value, replacement cost, and if applicable, the market value of each item in dispute. Page 2 of 5 Facts The Plaintiff's home suffered damages resulting from a sudden and accidental tree falling onto the home on or about June 22 .2023 for which the Applicant submitted a claim to the Respondent, State Farm insurance company, which it partially denied breaching the terms of the insurance contract coverage for the Applicant’s home for which they now are disputing lib bull APPLICANT Cortney David 2226 Old Ox Rd Spring, TX 77386 832-449-1038 cortneydavid(@ rocketmail.com APPRAISER FOR APPLICANT Michelle Elko M. L. Appraisals 4711 Hawthorne St Seabrook, TX 77586 (O) 281-545-3919 (C) 409- 289-2858 Michelleelko9@ gmail.com APPRAISER FOR RESPONDENT Bryan Scanlan bryan@iccgrp.comaims 14525 Hunters Pass Austin, Texas 78734 (C) 512-576-4493 Page 3 of 5 Page 4 of 5 Page 5 of 5