A Texas Court of Appeals held that a policyholder cannot dismiss a lawsuit with an unfavorable appraisal ruling, then file an ancillary suit in another court to enjoin an appraisal from happening in a first-filed lawsuit. Safeco Lloyds Insurance Company v. Barrentine, No. 05-13-01011-cv, 2014 WL 7399307, (Tex. App.-Dallas Dec. 17, 2014).
The insured's residence was damaged. The insurer invoked appraisal, and a court appointed an umpire. The umpire made an award, but purportedly did not consider the estimate or opinions of the insurer's appraiser. Accordingly, the insurer raised the issue with the court, which appointed a new umpire and ordered re-appraisal. The insured, however, dismissed the lawsuit and refiled in another county, obtaining a temporary injunction against the re-appraisal. The insurer appealed the court's temporary injunction order.
The Court of Appeals found the second court’s temporary injunction to be in error, concluding that the purpose of a temporary injunction is to preserve the status quo of the subject matter of a pending suit, and that the trial court in the later filed suit "usurped the role" of the trial court in the first filed suit.