Smith v. Russell

The opinion of the court was delivered by

Lockett, J.:

A workers compensation insurer, which had been notified that a civil action had been filed by its insured against a tortfeasor, appeals the district court’s denial of its motion to intervene in the civil action 5 months after the district court approved a settlement agreement between the insured and the tortfeasor. Three issues are raised: (1) Was the insurer’s notice of appeal timely filed, and (2) did the district court err in denying (a) the insurer’s motion to intervene and (b) the insurer’s motion to vacate judgment?

On April 9, 1999,…