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eBook details

• Title: Mcgough V. Insurance Co.
• Author : Arizona Court of Appeals
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This case arises from a wrongful death action in which the plaintiffs and defendants stipulated (by means of a covenant not to execute) to a judgment against the defendants in the amount of $1,100,000.00. The appeal was not brought by either the plaintiffs or the defendants. Instead, appellant in this case is the defendants' insurance company, the Insurance Company of North America (INA). INA seeks to appeal both from the $1,100,000.00 judgment as well as from the trial court's order denying INA's alternative motions, which were: 1) a motion to consolidate the wrongful death action with a pending declaratory judgment action on the issue of insurance coverage; 2) a motion to intervene in the wrongful death action and to request declaratory relief; 3) a petition to enjoin the parties from interfering with INA's right to defend under a reservation of rights and from attempting to bind INA to the stipulated value of the case; and 4) a motion to continue the evidentiary hearing (where the $1,100,000.00 judgment would be submitted by stipulation to the court) and to set for trial the issues of liability and damages. We conclude that the trial court erred in not permitting INA to intervene in the wrongful death action. Accordingly, for reasons we set forth, the judgment is reversed and the cause is remanded with directions that intervention be granted and for further proceedings consistent with this opinion.

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