Judge: Deborah C. Servino, Case: 30-2020-01176012, Date: 2023-08-04 Tentative Ruling

James River Insurance Company’s motion for leave to intervene is granted.

The motion is timely.  James River Insurance Company seeks leave to intervene to unite with Defendant Maureen John in resisting Plaintiff Letty Espinosa's claims arising from a motor vehicle accident.  James River Insurance Company issued insurance coverage for the subject motor vehicle pursuant to a commercial general liability insurance policy at the time of the accident.  The policy may be subject to Plaintiff's claims.  James River Insurance Company may be obligated to defend and indemnity.  (Abbasi Decl., at ¶ 5; Ins. Code, § 11580, subd. (b)(2).)  

Because a liability insurer agrees to pay any judgment obtained against its insured, it has a right to intervene when an insured is unable to defend.  Intervention is necessary to protect the insurer’s own interests because it may be obligated to pay any judgment rendered against its insured.  (Reliance Ins. Co. v. Superior Court (2000) 84 Cal.App.4th 383, 386-387; Ins. Code, § 11580; Code Civ. Proc., § 387.)

Here, John has been unascertainable.  (Abbasi Decl., at ¶ 5; Reply, at p. 2.)  Therefore, she can no longer defend herself in the matter.  The motion sets forth the grounds for intervention.  it includes a copy of the proposed answer-in-intervention.  (Code Civ. Proc., subds. (c), (d)(1); Abassi Decl., Exh. A.)  Accordingly, the motion is granted.    

No later than August 14, 2023, James River Insurance Company is ordered to electronically file its answer-in-intervention.  James River Insurance Company shall serve its answer-in-intervention pursuant to the Code of Civil Procedure.

James River Insurance Company shall give notice of the ruling.

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