Torts: Wrongful Death-Insurer’s Motion to Intervene

Zurich American Insurance Company appealed the denial of its motion to intervene and vacate the judgment in plaintiff’s wrongful death action. Zurich argued that insurers had a statutory right to intervene where they had an interest in the litigation. Zurich contended that it was denied the opportunity to be heard when the judgment resulted in Zurich being subject to garnishment.

Where Zurich’s interest in the litigation was limited to its contractual obligation to provide indemnification, it lacked the requisite interest for intervention as a matter of right, and Zurich also failed to challenge the trial court’s determination on Zurich’s request for permissive intervention. Zurich had also been afforded sufficient opportunity to be heard in a pending federal action and a related garnishment action.

Judgment is affirmed.

Henson v. Merob Logistics, LLC (MLW No. 79758/Case No. WD85158 – 13 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Torrence, J. (Russell F. Watters, Timothy J. Wolf and Lucas J. Ude, St. Louis, for appellant) (Tim Dollar and Tom Hershewe, Kansas City, and Julie J. Gibson and Michael D. Matteuzzi, Overland Park, KS for respondents)