Dairyland Insurance Co. v. Clark

VANCE, Commissioner.

These consolidated appeals raise the question of the timeliness of a motion by an insurance company having a potential liability to its insured under the uninsured motorist coverage afforded by its policy to intervene for the purpose of presenting defenses to the claim of its insured in a litigation commenced by its insured against an uninsured motorist.

On July 18, 1969, the appellee, Glenda Faye Clark, Administratrix of the Estate of Dennis Clark, filed suit against Keith Franklin for damages resulting from an automobile collision in which Clark was killed. Franklin did…