Court of Appeals of Texas, Second District, Fort Worth
JERRY M. GILBERT APPELLANT
RAIN AND HAIL INSURANCE D/B/A ACE INSURANCE COMPANY, LLP APPELLEE
THE 89TH DISTRICT COURT OF WICHITA COUNTY TRIAL COURT NO.
LIVINGSTON, C.J.; KERR and PITTMAN, JJ.
ELIZABETH KERR JUSTICE.
M. Gilbert appeals from the trial court's judgment
confirming an arbitration award in favor of Appellee Rain and
Hail Insurance d/b/a Ace Insurance Company, LLP (R&H). We
is a wheat farmer. He made two claims-one in 2011 and another
in 2012-on a Multiple Peril Crop Insurance Common Copy
Insurance Policy issued to him by R&H. In his first
claim, Gilbert alleged that heavy rains prevented him from
planting a portion of his wheat crop, and in his second, he
alleged that a wild-oat infestation damaged his wheat crop.
After investigating, R&H denied both claims in August
denial letter, R&H pointed Gilbert to paragraph 20 of the
policy, entitled "Mediation, Arbitration, Appeal,
Reconsideration, and Administrative and Judicial Review,
" which provided in pertinent part:
(a) If you and we fail to agree on any determination made by
us . . . the disagreement may be resolved through mediation .
. . . If resolution cannot be reached through mediation, or
you and we do not agree to mediation, the disagreement must
be resolved through arbitration in accordance with the rules
of the American Arbitration Association (AAA), except as
provided in section 20(c) . . . .
(1) All disputes involving determinations made by us . . .
are subject to mediation or arbitration. . . .
(b) Regardless of whether mediation is elected:
(1) The initiation of arbitration proceedings must occur
within one year of the date we denied your claim or rendered
the determination with which you disagree, whichever is
(2) If you fail to initiate arbitration in accordance with
section 20(b)(1) and complete the process, you will not be
able to resolve the dispute through judicial review;
(3) If arbitration has been initiated in accordance with
section 20(b)(1) and completed, and judicial review is
sought, suit must be filed not later than one year after the
date the arbitration decision was rendered; . . .
(c) Any decision rendered in arbitration is binding on you
and us unless judicial review is sought in accordance with
section 20(b)(3). Notwithstanding any provision in the rules
of the AAA, you and we have the right to ...