Legal Opinion

In Re Allstate County Mutual Insurance Co.

Texas Court of Appeals, 12th District (Tyler)

Decided November 15, 2006No. 12-06-00164-CVPublishedCited by 22 opinions

1Opinion of the Court

OPINION

JAMES T. WORTHEN, Chief Justice.

In this original proceeding, Allstate County Mutual Insurance Company (Allstate) seeks a writ of mandamus requiring the trial court to vacate its order denying Allstate’s motion to sever and abate Brandi M. Driskell’s claims for extracontractual damages until her claim for uninsured/un-derinsured motorist (UIM) benefits has been adjudicated. 1 For the reasons set forth below, we conditionally grant the writ as to Allstate’s motion to sever, but deny the writ as to Allstate’s motion to abate.

Factual and Procedural Background

On January 22, 2005, vehicles…

2Cases cited14 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  3. In Re Cerberus Capital Management, L.P.Texas Supreme Court · 2005
  4. Liberty National Fire Insurance Co. v. AkinTexas Supreme Court · 1996
  5. Womack v. BerryTexas Supreme Court · 1956

9 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re United Fire Lloyds, Texas Court of Appeals, 4th District (San Antonio)2010
  2. In Re Allstate Insurance Co., Texas Court of Appeals, 12th District (Tyler)2007
  3. in Re American National County Mutual Insurance Company, Texas Court of Appeals, 3rd District (Austin)2012
  4. In Re Rozelle, Texas Court of Appeals, 4th District (San Antonio)2007
  5. In Re Travelers Lloyds of Texas Insurance Co., Texas Court of Appeals, 4th District (San Antonio)2008

17 more not listed; retrieve them via the Exa API.

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