Alfa Mutual Insurance v. Arnette

STUART, Justice.

Alfa Mutual Insurance Company (“Alfa”) petitions this Court for a writ of mandamus directing Judge Charles C. Partin to vacate his order staying its declaratory-judgment action filed in the Baldwin Circuit Court. We grant the petition and issue the writ.

Facts

In July 2003, Jimmie Young sued Toby Arnette, alleging:

“On or about December 8, 2002, [Ar-nette] did physically attack [Young], and did beat [Young] with [Arnette’s] fist and did kick [Young] in the face, which caused [Young] to suffer permanent physical impairment, injury, pain, and suffering.”

At the time of the alleged…