General Star National Insurance Company v. Chapman, et al.

Filing 25

ORDER granting 12 Motion to Intervene. Signed by Magistrate Judge Dennis Howell on 6/22/2011. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv54
GENERAL STAR NATIONAL
INSURANCE COMPANY,
Plaintiff,
v.
GENE E. CHAPMAN, CITY OF
HICKORY, DENNIS A. RHONEY, and
ROBERT A. MULLINAX as public
administrator for the estate of Mark R.
Sams,
Defendants.
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ORDER

Pending before the Court is the Motion to Intervene filed by National Casualty
Company [# 12]. Plaintiff General Star National Insurance Company brought this
declaratory judgment action seeking a determination that an insurance policy it issued
to the City of Hickory Police Department does not provide coverage for a lawsuit
pending in this Court. Similarly, National Casualty Company moves to intervene in
order to seek a declaratory judgment concerning its rights and obligations under four
insurance polices it issued to the City of Hickory Police Department. The Defendants
all consent to the Motion to Intervene. In addition, Plaintiff does not object to the
intervention of National Casualty Company in this case.
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Rule 24 of the Federal Rules of Civil Procedure provides that upon the filing
of a timely motion, the Court may allow a third party to intervene in an action if the
third party “has a claim or defense that shares with the main action a common
question of law or fact.” Fed. R. Civ. P. 24(b)(1)(B). In exercising the Court’s
discretion as to whether or not to allow a third party to intervene, the Court “must
consider whether the intervention will unduly delay or prejudice the adjudication of
the original parties’ rights.” Fed. R. Civ. P. 24(b)(3). The party moving to intervene
must serve the motion to intervene on the parties as provided by Rule 5, and the
motion must state the grounds pursuant to which intervention is sought. Fed. R. Civ.
P. 24(c). The moving party must also attach the pleading setting forth the proposed
claim or defense to the motion to intervene. Id.
National Casualty Company has complied with these requirements. Moreover,
granting the Motion to Intervene will not result in undue delay or prejudice the
adjudication of the rights of the original parties in this case. Accordingly, the Court
GRANTS the Motion to Intervene [# 12].

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Signed: June 22, 2011

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