Phoenix Insurance Company v. Winton et al

Filing 54

ORDER granting 37 Motion to Intervene, as more fully set out. Signed by Honorable David L. Russell on 12/5/14. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
PHOENIX INSURANCE COMPANY,
Plaintiff,
v.
TAMMY WINTON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. CIV-14-95-R

ORDER
Before the Court is National Union Fire Insurance Company of Pittsburgh, PA.’s
Motion to Intervene. Doc. No. 37. This case arises out of a multi-vehicle accident on
November 11, 2007. Compl. ¶ 16. One car involved in the collision was driven by Sofia
Roberts, who died as a result of the accident. Id. Multiple individuals sued Roberts’ estate
in state court in Oklahoma for negligence, and in 2011, the judgments entered in favor of
the plaintiffs totaled $14 million. Id. ¶¶ 20, 25-26, 28-29.
According to the Complaint, Bob Moore Auto Group, Inc. (“Bob Moore”) sold the
vehicle that would be driven by Roberts in the accident to Mark Heitz on November 9,
2011, but the paperwork documenting the transfer of ownership was not completed until
November 12, one day after the accident. Compl. ¶ 13. On November 9, Heitz sold the
vehicle to Sofia and Raymond Roberts. Id. ¶ 14. On November 12, Heitz gave Bob
Moore a check for the purchase of the vehicle, and on December 7, Heitz finalized the
sale to Sofia and Raymond Roberts. Id. ¶¶ 17-18. Plaintiff, one of Bob Moore’s insurance
carriers, brought this action for a declaratory judgment against Roberts’ estate and all

plaintiffs in the state court suits. Compl. 1, 3. Plaintiff seeks a declaratory judgment
stating that Roberts was not an insured under the policy Plaintiff issued to Bob Moore; at
the time of the accident, Roberts’ car was not a covered “auto” under the terms of the
policy; and Plaintiff is not a judgment debtor to Roberts’ estate. Compl. 13.
National Union Fire Insurance Company of Pittsburgh, PA. (“National”) seeks to
intervene as a plaintiff in this action. It alleges that it is an additional insurer of Bob
Moore, and it would like to seek a declaratory judgment that Roberts is not an “insured”
under its policy, because Bob Moore did not own the vehicle the time of the accident, nor
did Bob Moore give Roberts permission to use the vehicle; the vehicle is not a “covered
auto” under its policy; and “National Union has no obligation to indemnify Roberts in
connection with the underlying judgments, and National Union is not a judgment debtor
to Roberts.” Doc. No. 37, Ex. 1, at 8-10. National argues that it is entitled to intervene as
of right under Federal Rule of Civil Procedure 24(a), but that, in the alternative, the Court
should exercise its discretion under Rule 24(b) to permit National to intervene. Doc. No.
38, at 2. Plaintiff does not object to National’s motion. Doc. No. 49. Without deciding
whether National is entitled to intervene as of right, the Court grants its motion to
intervene under Rule 24(b).
Under Rule 24(b)(1)(B), the Court may permit National to intervene if it “has a
claim or defense that shares with the main action a common question of law or fact.” One
common question of law or fact shared between Plaintiff and National in this case is
whether Bob Moore owned the car at the time of the accident. See Compl. 4, 13; Doc.
No. 37, Ex. 1, at 8-10. “In exercising its discretion, the court must [also] consider
2

whether the intervention will unduly delay or prejudice the adjudication of the original
parties’ rights.” FED. R. CIV. P. 24(b)(3). Given Plaintiff’s lack of objection to this
motion, and the fact that discovery continues in this case until February 1, 2015,
Scheduling Order, Doc. No. 34, the Court finds that permitting National to intervene will
not unduly delay or prejudice the adjudication of the parties’ rights.
Because National’s intervention will not prejudice the parties’ rights, and it
furthers the interests of judicial economy to have common questions of law or fact
resolved in a single suit, National’s motion to intervene [Doc. No. 37] is GRANTED.
IT IS SO ORDERED this 5th day of December, 2014.

3