Legal Opinion

in Re Progressive County Mutual Insurance Company

Texas Court of Appeals, 1st District (Houston)

Decided June 12, 2014No. 01-14-00199-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

HARVEY BROWN, Justice.

Relator, Progressive County Mutual Insurance Company seeks a writ of mandamus compelling the trial court to (1) vacate its order denying Progressive’s motion to sever extra-contractual claims asserted against it and (2) enter an order abating those extra-contractual claims until the breach-of-contract claim brought by Alma Guia, the real party in interest, has been resolved. We conditionally grant the writ.

Background

Following an automobile collision with an uninsured motorist’s vehicle, Guia sued her insurer, Progressive. 1 While investigation into the claim was…

2Cases cited16 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  3. Guaranty Federal Savings Bank v. Horseshoe Operating Co.Texas Supreme Court · 1990
  4. Morgan v. Compugraphic Corp.Texas Supreme Court · 1984
  5. F.F.P. Operating Partners, L.P. v. DuenezTexas Supreme Court · 2007

11 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. in Re Allstate County Mutual Insurance Company, Texas Court of Appeals, 1st District (Houston)2014
  2. In re Liberty County Mutual Insurance Co.Court of Appeals of Texas · 2017
  3. in Re Farmers Texas County Mutual Insurance CompanyCourt of Appeals of Texas · 2015
  4. Barbara Burgess v. Allstate Fire and Casualty Insurance Company, Texas Court of Appeals, 3rd District (Austin)2021
  5. Elenilson Flores Rodriguez v. State, Texas Court of Appeals, 13th District2016

20 more not listed; retrieve them via the Exa API.

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