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In re State Farm Mutual Automobile Insurance Co.

Court: Tx 5-Dallas  04/15/2021  Trial Court Abused Its Discretion by Denying Motion for Separate Trials and Abatement in UIM Lawsuit

The Court held that, even if the insured asserts only extra-contractual claims against its auto carrier arising out of an accident with a potentially underinsured motorist, the extra-contractual claims must be abated until after the insured establishes the other driver's status as an underinsured motorist and the issue of underlying liability and bad faith must be tried in separate trials.

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