Ex Parte Ins. Co. of North America

Insurance Company of North America petitions this court for a writ of mandamus to order the Honorable J. Richmond Pearson, as Circuit Judge of Clarke County, to enter an order consistent with our opinion inInsurance Co. of North America v. Citizensbank ofThomasville, 491 So.2d 880 (Ala. 1986). We grant the writ. The petitioner has, alternatively, filed an appeal attempting to raise the same issues; because we grant the writ, we consider the appeal moot.

The relevant facts of this case begin in 1975 when Insurance Company of North America (INA) issued a banker's blanket bond to Citizensbank.…