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In re Progressive County Mutual Insurance Co.

Court: Tx 4-San Antonio  07/08/2020  Mandamus Granted in UM/UIM Lawsuit

The court found that a trial court abused its discretion by refusing to sever and abate the insured's bad faith cause of action and related discovery from her underinsured motorist cause of action because the insurer had paid the undisputed portion of the claim and so would be prejudiced by trying the causes of action in the same proceeding. Further, the court found that the discovery should be abated to avoid unnecessary expenses in the event she fails to establish her UIM claim.

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