IN RE LUMBERMENS MUT. CAS. CO.

No. 04-0245.

184 S.W.3d 718 (2006)

In re LUMBERMENS MUTUAL CASUALTY COMPANY, Relator.

Supreme Court of Texas.

Decided February 3, 2006.


Attorney(s) appearing for the Case

Christopher Tramonte, Tramonte & Associates, Houston, Arthur W. Landry, Plauche' Maselli Landry & Parkerson, LLP, New Orleans, LA, for Relator.

H. Dwayne Newton, Nelson McCormick Hancock & Newton, Houston, TX, Michael H. Bagot, Thomas A. Rayer, Wagner & Bagot, New Orleans, LA, David M. Gunn, Beck, Redden & Secrest, L.L.P., Houston, TX, for Amicus Curiae.

Rosemary T. Snider, Sam Baxter, McKool Smith, P.C., Marshall, TX, R. Keith Jarrett, Thomas P. Diaz, Liskow & Lewis, New Orleans, LA, for Real Party.


Justice O'NEILL delivered the opinion of the Court.

The issue in this case is whether an insurer that posted a $29 million bond to supersede an adverse judgment against its insured may intervene in the insured's appeal to assert a potentially dispositive issue that its insured abandoned in order to settle certain uninsured claims in another pending lawsuit. The court of appeals denied the insurer's motion to intervene, and the insurer petitioned this Court for mandamus...

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