Allstate Insurance Co. v. Garcia

CHAPA, Justice.

Relator seeks this court to issue a writ of mandamus compelling the district court of Duval County to vacate his order denying relator’s plea in abatement and to enter an order abating the suit in his court. We deny relator’s motion for leave to file the petition.

Relator (Allstate Insurance Company) filed suit in Randall County, Texas, against the real party in interest, Carlos Saenz, Sr., to declare that an automobile insurance policy issued by relator to Mr. Saenz was terminated by his subsequent purchase of insurance from another company. Mr. Saenz filed a counterclaim to…