The Court also concluded that a determination of Coachman's duty to indemnify was premature and should only be made
after relevant findings of fact are made in the
final disposition of the underlying action.
Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion of any party, the court
after hearing shall require the tenant or occupant claiming under this section to deposit with the clerk of the court, the plaintiff's attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market value of the premises, which amounts shall be held in escrow pending
final disposition, unless the court determines that such requirement would result in undue hardship to the tenant or occupant.