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

Larry Bache, Esq., Attorney | 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. “Trey” Flournoy, Esq., Attorney | 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.

SESSION 1 – Texas Appraisal in Transition: SB 458, TDI Regulations, and the New Rules of the Road | 12:00pm – 1:00pm 

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.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Umpire Selection and Disqualification: Vetting Neutrals and Vacating Defective Appraisal Awards |1:10pm – 2:10pm

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 courtappointed selection differs from ad hoc umpire selection.