Plaintiff’s petition for writ of mandate is granted as the trial court erred in issuing a stay of the declaratory relief action as there are no issues which would overlap with the issues to be litigated in the underlying action, and that it is premature to consider any issues which may be raised in a bad faith counterclaim which has not yet been filed 

Read Great Am. Ins. Co. v. Sup. Ct., No. B203121

Filed October 9, 2009

Judges

Opinion by Judge Croskey

Counsel

For Appellant:  Duane Morris, Yvette D. Roland, Katherine L. Nichols and William J. Baron

For Appelle:  Caufield & James, Jeffery L. Caufield and Ken E. James

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