LIBERTY NAT. FIRE INS. CO. v. AKIN

No. 95-1283.

927 S.W.2d 627 (1996)

LIBERTY NATIONAL FIRE INSURANCE COMPANY, Relator, v. The Honorable Ted AKIN, Respondent.

Supreme Court of Texas.

Decided July 8, 1996.

Rehearing Overruled September 19, 1996.


Attorney(s) appearing for the Case

Larry L. Gollaher, James Edward Turner, Dallas, for Relator.

James A. Pikl, Dallas, for Respondent.


Justice CORNYN delivered the opinion of the Court in which Chief Justice PHILLIPS, Justice ENOCH, Justice SPECTOR and Justice BAKER join.

In this mandamus proceeding, we decide whether the trial court abused its discretion when it denied the insurer's motion to sever and try a breach of contract claim before proceeding to try a bad faith insurance claim. We hold that it did not, and therefore deny the writ.

I.

The lawsuit underlying this original...

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