Augspurger v. MFA Oil Co.

HOWARD, Judge.

The issues in this case are whether Federal Insurance Company (“Federal”), an excess insurer which has denied coverage to certain defendants in tort litigation, is nevertheless entitled to (1) stay the litigation pending another court’s decision on whether Federal’s excess policy provided coverage for the underlying occurrence, or to (2) intervene as a matter of right in the litigation. This court holds that the trial court properly denied both the motion to stay and the petitions to intervene.

This case arose out of a December 25, 1992, incident in which four persons died, three…