O'BANNON v. AETNA CAS. & SUR. CO.


678 S.W.2d 390 (1984)

Honorable Earl O'BANNON, Judge, Appellant, v. AETNA CASUALTY & SURETY COMPANY, Appellee, Pauline Clark Whittenberg, Executrix of the Estate of Bernard J. Clark, Intervening Appellee.

Supreme Court of Kentucky.

October 25, 1984.


Attorney(s) appearing for the Case

J. Leonard Rosenberg, Louisville, for appellant.

Philip W. Collier, Kent McElwain, Kenneth R. Sagan, Louisville, for appellee.

Joseph J. Wantland, Sheperdsville, for intervening appellee.


WINTERSHEIMER, Justice.

This appeal is from an order of the Court of Appeals entered January 24, 1984, which granted a writ of mandamus directing the trial judge to assign a trial date in the declaratory judgment action raising an insurance coverage question prior to the trial date of the wrongful death action against the putative insured.

The issues are whether it was an abuse of discretion for the trial court to order the declaratory judgment action tried...

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