Kratz v. Newsom

MANN, Judge.

We are split 2-2-1. There would ordinarily be no need for a third opinion on the same question, but the prior opinions 1 of this court in two cases like this, in which the trial judge has declined to sever an insurance company from trial, are in conflict. It is then apparent that the result in such a case is that its outcome on appeal depends on the random choice of the panel before which it is heard. My view is that these three cases should be affirmed, but that in the future trial judges should grant severance unless some reason for the insurer’s participation at trial is shown…