Liberty National Fire Insurance Co. v. Akin

in which Chief Justice PHILLIPS, Justice ENOCH, Justice SPECTOR and Justice BAKER join.

In this mandamus proceeding, we decide whether the trial court abused its discretion when it denied the insurer’s motion to sever and try a breach of contract claim before proceeding to try a bad faith insurance claim. We hold that it did not, and therefore deny the writ.

I

The lawsuit underlying this original proceeding arose out of claims by Jennifer Bro-drick against her homeowner’s insurance carrier, Liberty National Fire Insurance Company. On September 1, 1993, Brodrick discovered that a shifting…