In Re Consolidated Freightways, Inc.

OPINION

SARAH B. DUNCAN, Justice.

Consohdated Freightways, Inc. (“CFI”) complains of the trial court’s refusal to give effect to the statutory stay that is triggered when a party’s insurer is declared “impaired.” See Tex Ins. Code Ann. art. 21.28-C § 17 (Vernon Supp. 2001). We conditionahy grant the writ of mandamus.

Factual and Procedural Background The underlying lawsuit arises out of an accident involving a pickup occupied by Russell Stephens and Coleman Clement and a tractor-trailer. Because Stephens and Clement died in the accident, the ensuing lawsuit was filed by Stephens’ and Clement’s…