ASI Lloyds Insurance Company v. Texas Windstorm Insurance Association, and the Honorable Cassie Brown, in Her Official Capacity As, Commissioner, Texas Department of Insurance

Opinion

ACCEPTED 15-24-00083-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/22/2025 10:36 AM No. 15-24-00083-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS In the 1/22/2025 10:36:24 AM

Fifteenth Court of Appeals CHRISTOPHER A. PRINE Clerk

at Austin, Texas

ASI Lloyds Insurance Company, Appellant

v.

Texas Windstorm Insurance Association, and The Honorable Cassie Brown, in her Official Capacity as, Commissioner, Texas Department of Insurance

Appellees

Appeal from the 126th District Court, Travis County, Texas, Cause No. D-1-GN-23-004301

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF(S)

Appellant ASI Lloyds Insurance Company files this Unopposed Motion for

Extension of Time to File Reply Brief(s) pursuant to Texas Rule of Appellate Procedure

38.6(d) and would respectfully show:

ASI filed its Appellant’s Brief on November 12, 2024. After obtaining unopposed

30-day extensions of time, Appellees filed their Appellee’s Briefs on January 10, 2025.

As a result, ASI’s Reply Brief(s) is/are currently due to be filed on January 30, 2025.

See Tex. R. App. P. 38.6(c). ASI now requests a 20-day extension of time to file its

Reply Brief(s), which would make the new deadline February 19, 2025. This is ASI’s

first motion for extension of time to file its Reply Brief(s).

This extension of time is necessary because Appellees have filed separate briefs

totaling, respectively, 30 and 39 pages. Although the arguments in those briefs overlap

in part, it will take significant time to draft a Reply Brief that responds to the arguments

in both briefs and complies with the word limit for a single Reply Brief. Alternatively,

although ASI hopes to file a single Reply Brief, ASI reserves the right to file separate

Reply Briefs, if necessary, which would also require significant time to prepare.

Moreover, ASI’s lead appellate counsel has been preoccupied with the following

work and deadlines in other matters that will prevent him from devoting sufficient time

to prepare and file the Reply Brief(s) in this case by the current deadline: (1) attendance

at a court ordered, in-person mediation in Tyler, Texas on January 13, 2025, in First

Christian Church (Disciples of Christ) of Tyler v. Church Mutual Insurance Co. S.I.,

Civil Action No. 6:23-CV-342-JDK, in the U.S. District Court for the Eastern District

of Texas, Tyler Division; (2) a January 14, 2025 deadline to file a Response to a Motion

to Dismiss for Want of Jurisdiction in Epworth Villa Litigation Trust v. Holden, P.C.,

et al., No. 122,370, in the Supreme Court of Oklahoma; (3) a January 21, 2025 deadline

to file a Reply/Response to Plaintiffs’ and Intervenors’ Response/Objection to

Defendant’s Motion to Designate Responsible Third Party and Motion to Strike TxDOT

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as a Responsible Third Party in Kristian Allen, et al. v. Pilot Travel Centers, LLC, Civil

Action No. 4:22-cv-02519, in the United States District Court for the Southern District

of Texas, Houston Division; and (4) a January 22, 2025 deadline to file a combined

Appellee’s/Cross-Appellant’s Brief in Alexander Backus, et al. v. The Courtyard

Homeowners Association, Inc., No. 03-24-00529-CV, in the Third Court of Appeals at

Austin, Texas.

Appellees Texas Windstorm Insurance Association, and The Honorable Cassie

Brown, in her Official Capacity as, Commissioner, Texas Department of Insurance, do

not oppose this extension.

For these reasons, ASI respectfully requests that the Court grant this motion and

extend the deadline to file its Appellant’s Reply Brief(s) until February 19, 2025. ASI

also requests all other relief to which it is justly entitled.

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Respectfully submitted,

By: /s/ Wade C. Crosnoe Wade C. Crosnoe State Bar No. 00783903 THOMPSON, COE, COUSINS & IRONS, L.L.P. 2801 Via Fortuna, Ste. 300 Austin, Texas 78746 Telephone: (512) 708-8200 Facsimile: (512) 708-8777 Email: wcrosnoe@thompsoncoe.com

Jay A. Thompson State Bar No. 19921500 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 500 W. 5th Street, Suite 1150 Austin, Texas 78701 Telephone: (512) 480-5104 E-mail: jthompson@mwlaw.com

Attorneys for Appellant ASI Lloyds Insurance Company

CERTIFICATE OF CONFERENCE

I certify that I conferred with Cory Scanlon, counsel for Appellee Cassie Brown in her official capacity as Commissioner, Texas Department of Insurance, and Michael Wilson, counsel for Appellee Texas Windstorm Insurance Association, regarding this motion and that they said their clients are not opposed to the extension of time sought in this motion.

/s/ Wade C. Crosnoe Wade C. Crosnoe

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CERTIFICATE OF SERVICE

I certify that on January 22, 2025, a true and correct copy of this motion has been served by electronic case filing or e-mail to the following counsel:

Cory A. Scanlon Rosalind Hunt Office of the Attorney General Assistant Attorney General P.O. Box 12548 (MC 059) Office of the Attorney General of Texas Austin, Texas 78711-2548 Administrative Law Division E-mail: Cory.Scanlon@oag.texas.gov P.O. Box 12548 Attorneys for Appellee The Honorable Austin, Texas 78711 Cassie Brown, E-mail: Rosalind.hunt@oag.texas.gov Commissioner of Texas Department of Attorneys for Appellee The Honorable Insurance Cassie Brown, Commissioner of Texas Department of Insurance Terri M. Abernathy Assistant Attorney General Michael S. Wilson Office of the Attorney General of Texas E-mail: mwilson@perkinslawtx.com General Litigation Division Adrienne Barclay P.O. Box 12548 E-mail: aredinger@perkinslawtx.com Austin, Texas 78711 Perkins Law Group, PLLC E-mail: terri.abernathy@oag.texas.gov One Far West Plaza, Suite 200 Attorneys for Appellee The Honorable 3410 Far West Blvd. Cassie Brown, Austin, Texas 78731 Commissioner of Texas Department of Attorneys for Appellee Insurance Texas Windstorm Insurance Association

/s/ Wade C. Crosnoe Wade C. Crosnoe

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Trisha Koula on behalf of Wade Crosnoe Bar No. 00783903 tkoula@thompsoncoe.com Envelope ID: 96463848 Filing Code Description: Motion Filing Description: Appellant's Unopposed Motion for Extension of Time to File Reply Brief(s) Status as of 1/22/2025 10:55 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Wade Crosnoe 783903 wcrosnoe@thompsoncoe.com 1/22/2025 10:36:24 AM SENT

Adrienne Barclay 24065955 aredinger@perkinslawtx.com 1/22/2025 10:36:24 AM SENT

Rosalind Hunt 24067108 Rosalind.Hunt@oag.texas.gov 1/22/2025 10:36:24 AM SENT

Cory Scanlon 24104599 cory.scanlon@oag.texas.gov 1/22/2025 10:36:24 AM SENT

Adrienne Barclay abarclay@perkinslawtx.com 1/22/2025 10:36:24 AM SENT

Michael Wilson mwilson@perkinslawtx.com 1/22/2025 10:36:24 AM SENT

Nancy Villarreal nancy.villarreal@oag.texas.gov 1/22/2025 10:36:24 AM SENT

Jay A.Thompson jthompson@mwlaw.com 1/22/2025 10:36:24 AM SENT

Terri M.Abernathy terri.abernathy@oag.texas.gov 1/22/2025 10:36:24 AM SENT

Shawn Pettyjohn spettyjohn@perkinslawtx.com 1/22/2025 10:36:24 AM SENT

Trisha Koula tkoula@thompsoncoe.com 1/22/2025 10:36:24 AM SENT