Opinion
NO. 14-22-00664-CV
09-29-2022
IN RE ILLINOIS NATIONAL INSURANCE COMPANY, Allied World National Assurance Company, RSUI Indemnity Company, Aspen American Insurance Company, Endurance American Insurance Company, Federal Insurance Company and Westchester Fire Insurance Company, Navigators Insurance Company, Swiss Re Corporate Solutions American Insurance Company, Formerly North American Specialty Insurance Company, Freedom Specialty Insurance Company, Starr Indemnity & Liability Company, and Alterra America Insurance Company (n/k/a Pinnacle National Insurance Company), Relators
Thomas C. Wright, Jessica Z. Barger, Robert S. Harrell, Brandon Renken, James Danford Jr., Houston, Bradley Williams, Gary Johnson II, for Relator Illinois National Insurance Company. Thomas B. Alleman, Dallas, for Relator Allied World National Assurance Company. Tony Loren Draper, Houston, for Relator RSUI Indemnity Company. Christina Culver, William R. Moye, Houston, for Relator Aspen American Insurance Company. Manuel Mungia, Matthew Pepping, Chad Schreiber, for Relator Endurance American Insurance Company. Gregory Hudson, Houston, for Relator Federal Insurance Company and Westchester Fire Insurance Company. Ronald J. Restrepo, Houston, for Relator Navigators Insurance Company. Julie Martin. Austin, Daniel McNeel Lane Jr., for Relator Beazley Insurance Company, Inc. Robert D. Allen, for Relator Hudson Insurance Company. Frederic Daniel Knight, for Relator Swiss Re Corporate Solutions American Insurance Company, formerly North American Specialty Insurance Company. Randall C. Owens, Houston, Andrew Nelson, for Relator Freedom Specialty Insurance Company. William R. Moye, Houston, for Relator Starr Indemnity & Liability Company. Cary Economou, for Relator Alterra America Insurance Company (n/k/a Pinnacle National Insurance Company). Robert Philip Scott Jr., Marquel Jordan, Houston, Micah Ethan Skidmore, Dallas, for Real party in interest Cobalt International Energy Inc. and its Directors and Officers. Callie Crispin, Austin, Andrew Entwistle, Sal Lee, for Real party in interest GAMCO Global Gold, Natural Resources & Income Trust and GAMCO Natural Resources, Gold & Income Trust (collectively, "GAMCO"). Panel consists of Chief Justice Christopher and Justices Spain and Poissant.
ORIGINAL PROCEEDING WRIT OF MANDAMUS, 125th District Court, Harris County, Texas, Trial Court Cause No. 2016-31648
Thomas C. Wright, Jessica Z. Barger, Robert S. Harrell, Brandon Renken, James Danford Jr., Houston, Bradley Williams, Gary Johnson II, for Relator Illinois National Insurance Company.
Thomas B. Alleman, Dallas, for Relator Allied World National Assurance Company.
Tony Loren Draper, Houston, for Relator RSUI Indemnity Company.
Christina Culver, William R. Moye, Houston, for Relator Aspen American Insurance Company.
Manuel Mungia, Matthew Pepping, Chad Schreiber, for Relator Endurance American Insurance Company.
Gregory Hudson, Houston, for Relator Federal Insurance Company and Westchester Fire Insurance Company.
Ronald J. Restrepo, Houston, for Relator Navigators Insurance Company. Julie Martin. Austin, Daniel McNeel Lane Jr., for Relator Beazley Insurance Company, Inc.
Robert D. Allen, for Relator Hudson Insurance Company.
Frederic Daniel Knight, for Relator Swiss Re Corporate Solutions American Insurance Company, formerly North American Specialty Insurance Company.
Randall C. Owens, Houston, Andrew Nelson, for Relator Freedom Specialty Insurance Company.
William R. Moye, Houston, for Relator Starr Indemnity & Liability Company.
Cary Economou, for Relator Alterra America Insurance Company (n/k/a Pinnacle National Insurance Company).
Robert Philip Scott Jr., Marquel Jordan, Houston, Micah Ethan Skidmore, Dallas, for Real party in interest Cobalt International Energy Inc. and its Directors and Officers.
Callie Crispin, Austin, Andrew Entwistle, Sal Lee, for Real party in interest GAMCO Global Gold, Natural Resources & Income Trust and GAMCO Natural Resources, Gold & Income Trust (collectively, "GAMCO").
Panel consists of Chief Justice Christopher and Justices Spain and Poissant.
MEMORANDUM OPINION
PER CURIAM
On September 15, 2022, relators Illinois National Insurance Company, Allied World National Assurance Company, RSUI Indemnity Company, Aspen American Insurance Company, Endurance American Insurance Company, Federal Insurance Company and Westchester Fire Insurance Company, Navigators Insurance Company, Swiss Re Corporate Solutions American Insurance Company, formerly North American Specialty Insurance Company, Freedom Specialty Insurance Company, Starr Indemnity & Liability Company, and Alterra America Insurance Company (n/k/a Pinncacly National Insurance Company) filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P, 52. In the petition, relators ask this Court to compel the Honorable Kyle Carter, presiding judge of the 125th District Court of Harris County, to vacate the following: (1) the trial court’s September 1, 2022 order denying relators’ traditional motion for summary judgment that real party in interest GAMCO does not have standing and, in the alternative, plea to the jurisdiction; and (2) the trial court’s order denying the "No Loss" motions.
We disregard the appearance of nonresident lawyers for relators and the real parties in interest who have not filed motions to participate as required by Texas Rule Governing Admission to the Bar 19.
Relators have not established that they are entitled to mandamus relief. Accordingly, we deny relators’ petition for writ of mandamus. Relators’ emergency motion for temporary relief to stay trial proceedings is denied.