Insurance: Motor-Vehicle Accident-Insurer’s Motion to Intervene

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Plaintiff suffered serious injuries when he was struck by a rental truck driven by Patricia Hollandsworth and rented by Daniel Clymens. Hollandsworth was moving her belonging from Clymens’ house; Clymens had an auto policy issued by defendant. Hollandsworth rejected defendant’s offer of a defense subject to reservation of rights. Hollandsworth ultimately assigned her rights under Clymens’ policy to plaintiff and proceeded to arbitration on plaintiff’s personal-injury claim, which resulted in a $35 million award. The trial court denied defendant’s motion to intervene to challenge the arbitration award.

Where defendant filed its motion to intervene beyond the statutory deadline and lacked sufficient interest in the suit between plaintiff and Hollandsworth, the trial court correctly denied defendant’s motion to intervene.

Judgment is affirmed.

Aguilar v. GEICO Casualty Co. (MLW No. 73880/Case No. WD82266 & WD82288 – 12 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Jackson County, Kanatzar, J. (John Franke, Kansas City, MO and Matthew Clifford, Kansas City, MO for appellant) (John Cusick, Kansas City, MO, Kenneth Barnes, Kansas City, MO, and Kyle Belew, Kansas City, MO for respondent)