Civil Procedure Keyed to Cound
Brune v. McDonald
Plaintiff Brune was injured in a car accident with Defendant McDonald when Defendant drove off the road into a tree. Plaintiff sued Defendant alleging that Defendant was speeding, failed to keep control of the vehicle, failed to heed Plaintiff’s warning and failed to keep a proper lookout. In addition, the complaint alleged that Defendant drank alcohol. This was later omitted from the complaint. Defendant’s insurer filed a motion to intervene, alleging that Plaintiff and Defendant were both drinking alcohol during the accident, that Plaintiff and Defendant were good friends, and that Plaintiff intended to falsely allege that she did not know Defendant was drinking. In addition, the insurer alleged that Plaintiff intended to seek the policy proceeds right before the statute of limitations expired to make any claim for fraud stale and to only go after the insurer for any money judgment. The insurer sought to restrain Plaintiff from further pursuing her action pending resolution of whether the insurer will be liable on the policy if judgment is rendered against Defendant. The insurer’s motion to intervene was denied.
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