Legal Opinion · Concurring in part, dissenting in part

In Re Allstate County Mutual Insurance Co.

Texas Court of Appeals, 14th District (Houston)

Decided October 20, 2011No. 14-11-00746-CVPublished

1Concurring in part, dissenting in partSharon McCALLY, Justice

I concur in the majority’s determination that the petition should be conditionally *279granted and the trial court directed to vacate its order denying Allstate’s motion to sever (Issue Number One). I dissent, however, from the majority’s conclusion that mandamus should also conditionally issue directing the trial court to vacate its order denying Allstate’s motion to abate (Issue Number Two).

Through its Petition for Writ of Mandamus, Relator Allstate urges that “[t]he trial court abused its discretion in refusing to abate the extracontractual claims until the underlying contractual claims are…

2Cases cited4 opinions

  1. Liberty National Fire Insurance Co. v. AkinTexas Supreme Court · 1996
  2. United States Fire Insurance Co. v. Millard, Texas Court of Appeals, 1st District (Houston)1993
  3. In Re Allstate Insurance Co., Texas Court of Appeals, 12th District (Tyler)2007
  4. Texas Farmers Insurance Co. v. Cooper, Texas Court of Appeals, 8th District (El Paso)1996

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