in Re Essex Insurance Company and Hector Aldana

OPINION

Jane Bland, Justice

This original proceeding arises from an insurer’s request for a severance from a personal injury action. The insurer was joined as a third-party defendant after it denied insurance liability coverage to a defendant in the case for the plaintiffs personal injury claims. The defendant sued the insurer, seeking a defense and coverage for its liability for the personal injury claims asserted against it. The defendant also sought extra-contractual damages.

The trial court denied the insurer’s motion to sever. The court determined that it could remedy any prejudice with a…