In re State Farm Mut. Auto. Ins. Co.

Opinion by: Sandee Bryan Marion, Chief Justice

In the underlying underinsured motorist lawsuit, the real parties in interest sued relators on contractual and extra-contractual causes of action. The trial court severed plaintiffs' contractual claim from their extra-contractual claims, but did not abate the extra-contractual claims pending resolution of the contract claim. In this mandamus proceeding, relators assert the trial *559court erred when it refused to abate the extra-contractual claims. We agree and conditionally grant the petition for writ of mandamus.

BACKGROUND

The real parties in…