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IN RE CONSOLIDATED FREIGHTWAYS, INC.

No. 04-01-00823-CV.

75 S.W.3d 147 (2002)

In re CONSOLIDATED FREIGHTWAYS, INC.

Court of Appeals of Texas, San Antonio.

March 20, 2002.

Attorney(s) appearing for the Case

Ruth G. Malinas, J. Michael Ezzell, Ball & Weed, P.C., San Antonio, Jose E. Garcia, Law Offices of Jose E. Garcia, McAllen, for appellant.

Humberto G. Garcia, Curney, Garcia, Wise & Farmer, P.C., Richard V. Secord, Jr., Virgil W. Yanta, The Yanta Law Firm, San Antonio, Douglas A. Allison, Law Office of Douglas A. Allison, John C. Gunter, Hornsberger, Manning & Ward, Corpus Christi, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice, and SARAH B. DUNCAN, Justice.

OPINION

SARAH B. DUNCAN, Justice.

Consolidated Freightways, Inc. ("CFI") complains of the trial court's refusal to give effect to the statutory stay that is triggered when a party's insurer is declared "impaired." See Tex. Ins. Code Ann. art. 21.28-C § 17 (Vernon Supp. 2001). We conditionally grant the writ of mandamus.

FACTUAL AND PROCEDURAL BACKGROUND

The underlying lawsuit arises out of an accident involving a pickup occupied...

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