Allstate Insurance Co. v. Johnson

COWART, Judge.

An insurer, Allstate, appeals an order denying its motion to intervene in a wrongful death action in which the estate of the decedent alleges that Allstate’s insured negligently shot and killed the decedent.

The insurer’s petition for intervention in effect seeks to have an adjudication that (1) the insured was late in filing a notice of claim, (2) the insurer was substantially prejudiced by the late notice of claim, (3) the insured’s action in killing plaintiffs decedent was intentional and willful rather than negligent, and (4) [by implication] that the insurer is not liable to…