Hughey v. Aetna Casualty & Surety Co.

LEAHY, Senior District Judge.

Plaintiff alleges he is covered by an automobile liability policy issued by defendant insurance company. Defendant’s motion for summary judgment was denied.1 Defendant now moves for dismissal, pursuant to F.R.Civ.P. 17(a) claiming plaintiff is not the “real party in interest” in the case or, in the alternative, for relief under F.R.C.P. 19 and 21, joining the Phoenix Assurance Company of New York (henceforth “Phoenix”) as a party plaintiff. Plaintiff was involved in an automobile accident; his losses have been fully repaid by his personal insurer, Phoenix. He now…