In Re Miller

OPINION

JAMES T. WORTHEN, Chief Justice.

In this original proceeding, Relator Jonathan Miller seeks a writ of mandamus requiring the trial court to vacate its order granting State Farm Insurance Company’s motion to sever and abate Miller’s claims for extracontractual damages until his claims for uninsured motorist benefits have been adjudicated. 1 For the reasons set forth below, we deny Miller’s petition.

Background

On May 3, 2004, Miller was rear ended on Highway 175 in Henderson County by Julie Knox. Ten days later Miller notified State Farm by certified letter that Knox was uninsured and that…