A Texas court of appeals conditionally granted an insurer’s petition for writ of mandamus regarding a trial court’s order for a new trial in a bifurcated UIM suit, rejecting the insurer’s arguments that the trial court’s refusal to enter judgment was a failure to comply with a ministerial duty or that the insured was required to show “extreme circumstances” and “incurable prejudice” to obtain a new trial, but holding that the insured waived any claim for attorneys’ fees by failing to submit the issue to the jury and that the trial court erred by ruling that the parties had entered a Rule 11 agreement to submit the issue of attorneys’ fees to the jury in the second part of the bifurcated trial.
