Noya
Noya v. A.W. Coulter Trucking
Opinion
Opinion
Coffee, J.
The California Department of Transportation (CalTrans) was sued by several plaintiffs for wrongful death and injuries arising from a traffic collision in the area of a state highway construction project. Zurich American Insurance Company (Zurich) refused a tender of defense by CalTrans. After learning that CalTrans had agreed to a sizable settlement with plaintiffs that included a covenant not to execute and which granted plaintiffs the right to monies that CalTrans might recover on its breach of contract and bad faith claims against Zurich, Zurich filed an ex parte motion to intervene. We affirm the trial court’s order denying the intervention request.
FACTS AND PROCEDURAL HISTORY
CalTrans was supervising a highway modification project on the Cuesta Grade of the 101 freeway, north of San Luis Obispo. Modem Continental Construction Company (Modem) was hired by CalTrans to perform some work on the project. On October 31, 2001, a mnaway big rig truck owned by A.W. Coulter Tracking (A.W. Coulter) collided with oncoming traffic as it traveled southbound down the grade. The collision killed two young mothers and the driver of the truck and injured two other people.