Westfield Insurance v. Axsom

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In this case of first impression, we are asked to decide whether an underinsured motorist insurance carrier has the right to intervene in an action between the carrier’s insured and the underinsured motorist. David E. Axsom (“Axsom”) filed suit against Louise A. Beard (“Beard”) 1 for personal injuries Axsom sustained when struck by Beard’s automobile. Axsom notified West-field Insurance Company (“Westfield”) of his intention to pursue an underinsured motorist claim under Westfield’s policy insuring Ax-som’s employer. Westfield filed a Motion for Leave…