Tuesday, September 15, 2020

Plaintiff's Bid to Prevail in Defendant's Coverage Action with Liability Carrier Rejected

In the case of State Farm Fire & Cas. Co. v. Worontzoff, No. 2:20-CV-839-GAM (E.D. Pa. Aug. 6, 2020 McHugh, J.), the court granted an insurance company’s Motion to Strike an injured party’s Motion for Summary Judgment in the carrier’s declaratory judgment action seeking to establish that it was not obligated to provide coverage to its insured for injuries allegedly caused to the injured party.

The court found that the injured party’s interest, that is a plaintiff's interest, in seeking the availability of insurance proceed was not sufficient to warrant intervention as a right under F. R.C.P. 24 or as a necessary party under F. R.C.P. 19(a)(1)(2). 

The court ruled that, where an interested party only had a merely financial interest in the action and not a “legally protected interest” that party could not seek to join in the case under F.R.C.P. 19(a)(1)(B). 

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Aug. 24, 2020).

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