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Allstate Insurance Company v. Johnson

District Court of Appeal of Florida, Fifth District
Feb 20, 1986
483 So. 2d 524 (Fla. Dist. Ct. App. 1986)

Summary

In Allstate, we held that the trial court did not abuse its discretion in denying an insurance company's motion to intervene in the underlying tort action against its insured because the motion injected new issues, including coverage issues (a late claim and prejudice to the insurer) which were not involved in the tort suit.

Summary of this case from Vanguard Ins. Co. v. Townsend

Opinion

No. 85-396.

February 20, 1986.

Appeal from the Circuit Court, Brevard County, J. William Woodson, J.

Richard S. Womble of Anderson Hurt, P.A., Orlando, for appellant.

Phyllis P. Riewe, Merritt Island, for appellee Johnson.

James L. Woodman of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Rockledge, for appellee Anderson.


An insurer, Allstate, appeals an order denying its motion to intervene in a wrongful death action in which the estate of the decedent alleges that Allstate's insured negligently shot and killed the decedent.

The insurer's petition for intervention in effect seeks to have an adjudication that (1) the insured was late in filing a notice of claim, (2) the insurer was substantially prejudiced by the late notice of claim, (3) the insured's action in killing plaintiff's decedent was intentional and willful rather than negligent, and (4) [by implication] that the insurer is not liable to defend or pay under its policy because of the prejudicial late notice of claim and because the insured's actions were intentional rather than negligent.

A trial court does not abuse its discretion when it denies intervention because the would-be intervenor seeks to inject new issues into the pending action.

See Riveria Club v. Belle Mead Development Corp., 141 Fla. 538, 194 So. 783 (1939); Oster v. Cay Construction Co., 204 So.2d 539 (Fla. 4th DCA 1967).

AFFIRMED.

ORFINGER, J., and SCHWARTZ, A.R., Associate Judge, concur.


Summaries of

Allstate Insurance Company v. Johnson

District Court of Appeal of Florida, Fifth District
Feb 20, 1986
483 So. 2d 524 (Fla. Dist. Ct. App. 1986)

In Allstate, we held that the trial court did not abuse its discretion in denying an insurance company's motion to intervene in the underlying tort action against its insured because the motion injected new issues, including coverage issues (a late claim and prejudice to the insurer) which were not involved in the tort suit.

Summary of this case from Vanguard Ins. Co. v. Townsend
Case details for

Allstate Insurance Company v. Johnson

Case Details

Full title:ALLSTATE INSURANCE COMPANY, APPELLANT, v. JAMES A. JOHNSON, AS PERSONAL…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 20, 1986

Citations

483 So. 2d 524 (Fla. Dist. Ct. App. 1986)

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Vanguard Ins. Co. v. Townsend

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