This question has been addressed in 1 Texas court opinion:
COA01 — February 24, 2026
In an insurance dispute with significant implications for family law discovery, the First Court of Appeals denied mandamus relief after a trial court refused to abate a lawsuit for alleged failure to satisfy conditions precedent. While the insurer argued that an examination under oath (EUO) was a mandatory prerequisite to litigation, the respondent claimed her severe PTSD necessitated a remote (Zoom) format, which the insurer refused. The court analyzed whether a 'total failure' to comply had occurred and held that because there were unresolved factual disputes regarding the reasonableness of the insurer's demands and the format of the performance, the trial court did not abuse its discretion in denying the abatement.
Litigation Takeaway
“To successfully abate a case for non-compliance, you must first secure a court order defining the 'parameters of performance'; mere disagreement over the format of discovery (such as in-person vs. Zoom for a traumatized party) creates a factual dispute that prevents abatement from becoming mandatory.”