Allstate Ins. Co. v. Johnson, 85-396
| Decision Date | 20 February 1986 |
| Docket Number | No. 85-396,85-396 |
| Citation | 11 Fla. L. Weekly 471,483 So.2d 524 |
| Parties | 11 Fla. L. Weekly 471 ALLSTATE INSURANCE COMPANY, Appellant, v. James A. JOHNSON, as Personal Representative of the Estate of Gloria Vaughn, deceased, et al., Appellees. |
| Court | Florida District Court of Appeals |
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. 1
AFFIRMED.
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Vanguard Ins. Co. v. Townsend
...in denying it for the given reason, and for two other more fundamental ones. The trial court relied solely on Allstate Insurance Co. v. Johnson, 483 So.2d 524 (Fla. 5th DCA 1986). In Allstate, we held that the trial court did not abuse its discretion in denying an insurance company's motion......
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Superior Fence & Rail Of North Fla. v. Lucas
...368, 370 (Fla. 2d DCA 2005). The allowance of intervention is subject to the trial court's discretion. See Allstate Ins. Co. v. Johnson, 483 So.2d 524, 525 (Fla. 5th DCA 1986). Intervention is appropriate only when the intervenor has a direct and immediate interest in the litigation such th......