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Either Side Can Now Force Binding Appraisal: The Texas Blueprint and Ensuring a Fair Umpire

Senate Bill 458 and TDI’s implementing regulations rewrite Texas property insurance appraisal — and a compromised umpire can sink the award. Vet umpire candidates with a practical checklist, navigate the new statutory framework, and challenge defective appraisal awards with confidence.

2026-10-01 12:00:00

Program Details

2026-10-01 12:00:00

2026-10-01 12:00:00

2h CLE Credits

2026-10-01 12:00:00

Program Details

2026-10-01 12:00:00

Program Details

2026-10-01 12:00:00

Over 1,000+ webinars

2026-10-01 12:00:00

Course Overview

A signed appraisal award is no longer the end of the fight

2026-10-01 12:00:00

Senate Bill 458 and the Texas Department of Insurance’s implementing regulations have rewritten property insurance appraisal in Texas. New qualification, independence, disclosure, conflict, and procedural requirements now govern appraisal participants.

The stakes attach fast. Miss an umpire’s disclosure obligations, and the appointment is exposed. Overlook a contingent fee, an ex parte communication, or an undisclosed relationship, and the award invites a motion to vacate. Mishandle waiver or the panel’s authority, and enforcement turns into a challenge. Texas causation decisions still police the line between amount of loss and coverage.

Attendees leave with a practical roadmap for when the new requirements apply and what appraisers may decide. They gain a vetting checklist for umpire candidates and a litigation-ready understanding of vacatur grounds and timing. They also learn how AAA court-appointed selection differs from ad hoc umpire selection — and why it matters.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
New Texas Framework
How SB 458 and TDI’s implementing regulations change when appraisal requirements apply and what the new statutory framework now demands.
02
Appraisal Scope & Causation
What issues the appraisal panel may decide, and where amount of loss ends and coverage begins under Texas appraisal case law.
03
Umpire Disclosure Duties
What an appraiser or umpire must disclose before appointment — and how an omission opens the appointment to challenge.
04
Disqualifying Conduct
How contingent fees, ex parte communications, and undisclosed relationships support a motion to vacate a compromised award.
05
Challenging Signed Awards
When waiver, panel authority, and procedural pitfalls let you reopen or resist an appraisal award after two panel members sign.
06
Selection Method Strategy
How AAA court-appointed selection differs from ad hoc umpire selection — and why the difference matters to your appraisal demand.

Program schedule

clock 12:00 pm - 1:00 pm EST

Texas Appraisal in Transition: SB 458, TDI Regulations, and the New Rules of the Road

This CLE examines the significant changes to property insurance appraisal in Texas arising from Senate Bill 458 and the Texas Department of Insurance’s implementing regulations. The program will provide a practical roadmap for attorneys, adjusters, appraisers, and umpires navigating the new statutory framework, including when the new requirements apply, the permissible scope of appraisal, qualification and disclosure requirements for appraisers and umpires, and procedures governing the appraisal process. The presentation will also address key Texas appraisal decisions involving causation, waiver, authority of the appraisal panel, and challenges to appraisal awards.

Larry BacheLarry Bache
William L. FlournoyWilliam L. Flournoy
clock 1:10 pm - 2:10 pm EST

Umpire Selection and Disqualification: Vetting Neutrals and Vacating Defective Appraisal Awards

This session covers umpire disputes in insurance appraisal — vetting candidates, challenging a seated umpire, and vacating a compromised award after signing. It addresses disclosure obligations, disqualifying conduct (contingent fees, ex parte communications, undisclosed relationships), and Texas’s emerging SB 458/TDI framework, alongside supporting Florida and federal doctrine. Attendees leave with a practical vetting checklist and a litigation-ready understanding of vacatur grounds, timing, and how AAA court-appointed selection differs from ad hoc umpire selection.

Larry BacheLarry Bache
William L. FlournoyWilliam L. Flournoy
Larry Bache

Larry Bache

Merlin Law Group

William L. Flournoy

William L. Flournoy

Merlin Law Group

Larry Bache

Larry Bache

Merlin Law Group

Larry Bache, Esq. is an attorney with Merlin Law Group who focuses exclusively on representing policyholders in first-party property insurance matters. He specializes in hail, windstorm, business interruption, earth movement, and bad faith litigation, primarily representing commercial property owners, real estate investment trusts, and condominium associations. Since joining Merlin Law Group in October 2010, Larry has represented policyholders in numerous states, including Colorado, California, Texas, Florida, Nebraska, Oklahoma, Illinois, New Jersey, New York, North Carolina, Georgia, Wisconsin, Indiana, Iowa, and Kansas. He has tried first-party property insurance cases in both state and federal courts and has argued before multiple courts of appeals. He is also actively involved in legislation across the country and is dedicated to protecting policyholders’ rights. His work has contributed to bad faith trial victories, appellate victories, Tenth Circuit appellate cases, and numerous settlements involving bad faith, fire, and hail damage claims.

Education & Credentials

Larry earned his Juris Doctor, cum laude, from Stetson University College of Law in St. Petersburg, Florida. He also holds a Master of Business Administration from Stetson University in DeLand, Florida, and a Bachelor of Science from Clearwater Christian College in Clearwater, Florida. He is admitted to practice in Florida, Texas, Colorado, Illinois, and Utah, as well as numerous federal district courts across Colorado, Florida, Missouri, Nebraska, Oklahoma, and Texas.

Recognition & Leadership

Larry has been recognized by The Best Lawyers in America® for Insurance Law in Tampa, Florida, from 2023 through 2027. He has also been featured in media as an industry expert and has been involved in notable insurance-related matters, including a $25 million sinkhole loss settlement and other cases involving policy language, bad faith, and property damage.

Professional Involvement

Larry is a member of the Florida Association of Public Insurance Adjusters (FAPIA). In addition to his litigation practice, he is actively involved in legislation throughout the country and advocates for policyholders at every level.

Experience

Larry joined Merlin Law Group in October 2010 and has practiced exclusively on behalf of policyholders nationwide. His practice includes hail, windstorm, business interruption, earth movement, and bad faith litigation, with a particular focus on commercial property owners, real estate investment trusts, and condominium associations. He has tried first-party property insurance cases in state and federal courts in several states and has argued before multiple courts of appeals. His experience has included two recent bad faith trial victories, two recent appellate cases in the Tenth Circuit, notable appellate court victories, and numerous settlements involving bad faith fire and hail damage claims.
William L. Flournoy

William L. Flournoy

Merlin Law Group

William L. “Trey” Flournoy, Esq. is an attorney with Merlin Law Group who focuses on first-party property insurance law. A Florida native who grew up in the Tallahassee area, Trey attended Culver-Stockton College in Missouri, where he played NAIA football and competed on the mock trial team. He returned to Florida to attend Florida Coastal School of Law, graduating in the top 20 percent of his class and earning an invitation to speak at the 5th District Court of Appeals during the official Florida Bar Swearing-In Ceremony based on his top bar score. Trey has practiced first-party property insurance law throughout his career and, during the first several years of his practice, also handled matters including construction defect litigation. His practice now spans Texas, Florida, and Georgia at both the state and federal levels, and he has also worked in the Carolinas on a pro hac vice basis. He focuses on representing policyholders in matters involving residential HOAs and condominium associations, multifamily units, religious institutions, loss of use, hurricane, fire and smoke, wind, water, and intentional-act claims. He currently serves as Team Lead of Merlin Law Group’s Dallas office.

Education & Credentials

Trey earned a Bachelor of Arts in Criminal Justice from Culver-Stockton College in Canton, Missouri, and a Juris Doctor from Florida Coastal School of Law in Jacksonville, Florida. He graduated from law school in the top 20 percent of his class and was invited to speak at the 5th District Court of Appeals during the official Florida Bar Swearing-In Ceremony based on his top bar score. He is admitted to practice in Florida, Texas, and Georgia, as well as before the U.S. District Courts for the Middle and Northern Districts of Florida; the Middle, Northern, and Southern Districts of Georgia; and the Eastern, Northern, Southern, and Western Districts of Texas. He also completed the Gerry Spence Method Trial Advocacy Program in 2025.

Recognition & Leadership

Trey has been recognized on the Super Lawyers Rising Star list every year since 2022, including in 2022, 2023, 2024, and 2025. He currently serves as Team Lead of Merlin Law Group’s Dallas office. His work has also received recognition through a published decision in Florida Law Weekly involving an insurer’s misuse of the flood and groundwater exclusion to deny a claim.

Professional Involvement

Trey has participated as a speaker in several insurance-related educational programs and presentations, including the Windstorm Conference, the PLAN Certification Program, Hailtrace, a Windstorm Webinar, and a Jacksonville CLE for Public Adjusters. His presentations have addressed topics including ensuing loss and concurrent causation, the Texas Prompt Payment of Claims Act, and water losses, limited water damage endorsements, and ensuing loss. He has also been published in the Property Insurance Coverage Law Blog on topics including whether a tornado constitutes a windstorm and the manipulation of the appraisal process.

Experience

Trey has practiced first-party property insurance law throughout his career, representing policyholders in matters involving residential HOAs and condominium associations, multifamily units, religious institutions, loss of use and business interruption, hurricane damage, fire and smoke damage, wind damage, water damage from frozen or burst pipes, and intentional acts such as theft and vandalism. During the early years of his career, he also handled construction defect litigation. He has built a practice focused on complex property insurance matters and has worked on cases in Texas, Florida, Georgia, and the Carolinas on a pro hac vice basis. His experience includes successfully defeating an insurer’s misuse of the flood and groundwater exclusion to deny a claim.
Larry Bache

Larry Bache

Merlin Law Group

Larry Bache, Esq. is an attorney with Merlin Law Group who focuses exclusively on representing policyholders in first-party property insurance matters. He specializes in hail, windstorm, business interruption, earth movement, and bad faith litigation, primarily representing commercial property owners, real estate investment trusts, and condominium associations. Since joining Merlin Law Group in October 2010, Larry has represented policyholders in numerous states, including Colorado, California, Texas, Florida, Nebraska, Oklahoma, Illinois, New Jersey, New York, North Carolina, Georgia, Wisconsin, Indiana, Iowa, and Kansas. He has tried first-party property insurance cases in both state and federal courts and has argued before multiple courts of appeals. He is also actively involved in legislation across the country and is dedicated to protecting policyholders’ rights. His work has contributed to bad faith trial victories, appellate victories, Tenth Circuit appellate cases, and numerous settlements involving bad faith, fire, and hail damage claims.

Education & Credentials

Larry earned his Juris Doctor, cum laude, from Stetson University College of Law in St. Petersburg, Florida. He also holds a Master of Business Administration from Stetson University in DeLand, Florida, and a Bachelor of Science from Clearwater Christian College in Clearwater, Florida. He is admitted to practice in Florida, Texas, Colorado, Illinois, and Utah, as well as numerous federal district courts across Colorado, Florida, Missouri, Nebraska, Oklahoma, and Texas.

Recognition & Leadership

Larry has been recognized by The Best Lawyers in America® for Insurance Law in Tampa, Florida, from 2023 through 2027. He has also been featured in media as an industry expert and has been involved in notable insurance-related matters, including a $25 million sinkhole loss settlement and other cases involving policy language, bad faith, and property damage.

Professional Involvement

Larry is a member of the Florida Association of Public Insurance Adjusters (FAPIA). In addition to his litigation practice, he is actively involved in legislation throughout the country and advocates for policyholders at every level.

Experience

Larry joined Merlin Law Group in October 2010 and has practiced exclusively on behalf of policyholders nationwide. His practice includes hail, windstorm, business interruption, earth movement, and bad faith litigation, with a particular focus on commercial property owners, real estate investment trusts, and condominium associations. He has tried first-party property insurance cases in state and federal courts in several states and has argued before multiple courts of appeals. His experience has included two recent bad faith trial victories, two recent appellate cases in the Tenth Circuit, notable appellate court victories, and numerous settlements involving bad faith fire and hail damage claims.
William L. Flournoy

William L. Flournoy

Merlin Law Group

William L. “Trey” Flournoy, Esq. is an attorney with Merlin Law Group who focuses on first-party property insurance law. A Florida native who grew up in the Tallahassee area, Trey attended Culver-Stockton College in Missouri, where he played NAIA football and competed on the mock trial team. He returned to Florida to attend Florida Coastal School of Law, graduating in the top 20 percent of his class and earning an invitation to speak at the 5th District Court of Appeals during the official Florida Bar Swearing-In Ceremony based on his top bar score. Trey has practiced first-party property insurance law throughout his career and, during the first several years of his practice, also handled matters including construction defect litigation. His practice now spans Texas, Florida, and Georgia at both the state and federal levels, and he has also worked in the Carolinas on a pro hac vice basis. He focuses on representing policyholders in matters involving residential HOAs and condominium associations, multifamily units, religious institutions, loss of use, hurricane, fire and smoke, wind, water, and intentional-act claims. He currently serves as Team Lead of Merlin Law Group’s Dallas office.

Education & Credentials

Trey earned a Bachelor of Arts in Criminal Justice from Culver-Stockton College in Canton, Missouri, and a Juris Doctor from Florida Coastal School of Law in Jacksonville, Florida. He graduated from law school in the top 20 percent of his class and was invited to speak at the 5th District Court of Appeals during the official Florida Bar Swearing-In Ceremony based on his top bar score. He is admitted to practice in Florida, Texas, and Georgia, as well as before the U.S. District Courts for the Middle and Northern Districts of Florida; the Middle, Northern, and Southern Districts of Georgia; and the Eastern, Northern, Southern, and Western Districts of Texas. He also completed the Gerry Spence Method Trial Advocacy Program in 2025.

Recognition & Leadership

Trey has been recognized on the Super Lawyers Rising Star list every year since 2022, including in 2022, 2023, 2024, and 2025. He currently serves as Team Lead of Merlin Law Group’s Dallas office. His work has also received recognition through a published decision in Florida Law Weekly involving an insurer’s misuse of the flood and groundwater exclusion to deny a claim.

Professional Involvement

Trey has participated as a speaker in several insurance-related educational programs and presentations, including the Windstorm Conference, the PLAN Certification Program, Hailtrace, a Windstorm Webinar, and a Jacksonville CLE for Public Adjusters. His presentations have addressed topics including ensuing loss and concurrent causation, the Texas Prompt Payment of Claims Act, and water losses, limited water damage endorsements, and ensuing loss. He has also been published in the Property Insurance Coverage Law Blog on topics including whether a tornado constitutes a windstorm and the manipulation of the appraisal process.

Experience

Trey has practiced first-party property insurance law throughout his career, representing policyholders in matters involving residential HOAs and condominium associations, multifamily units, religious institutions, loss of use and business interruption, hurricane damage, fire and smoke damage, wind damage, water damage from frozen or burst pipes, and intentional acts such as theft and vandalism. During the early years of his career, he also handled construction defect litigation. He has built a practice focused on complex property insurance matters and has worked on cases in Texas, Florida, Georgia, and the Carolinas on a pro hac vice basis. His experience includes successfully defeating an insurer’s misuse of the flood and groundwater exclusion to deny a claim.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs