Campbell v. Benson

OPINION

DONNELLY, Judge.

This is an interlocutory appeal from an order of the trial court denying a motion to dismiss defendant’s insurer Mountain States Mutual Casualty Company (Mountain States) as a party defendant in a civil action in tort. We affirm.

The single issue presented is whether defendant’s insurance carrier may be required to be joined as a party defendant in a civil suit where neither the individual defendant nor her insurance company sought by any compulsory means to have plaintiff’s insurance carrier joined as a party to the action.

The pending litigation between the parties…