Ex Parte Liberty Nat. Life Ins. Co.

On Application for Rehearing

This Court's opinion dated October 29, 1993, is withdrawn, and the following is substituted therefor.

These three mandamus proceedings were consolidated for purposes of oral argument. They arise out of a class action filed in the Barbour Circuit Court on October 2, 1992, asserting claims against Liberty National Life Insurance Company ("Liberty National") concerning cancer insurance policy exchange programs.

Case Number 1921440

This mandamus proceeding arises because two circuit courts exercised jurisdiction over the same controversy, resulting in an immediate…