Hinton

This is an appeal of an order striking Grange Insurance Group’s (Grange) complaint in intervention in the personal injury action by Jonni Hinton against Grange’s policyholder, Eldon Beck, in which Hinton had obtained Beck’s default and an assignment of his rights against Grange.

The issue is whether an insurer may deny coverage and a defense to its policyholder when the policyholder is sued by an injured plaintiff, and later intervene in the action between the plaintiff and the policyholder. The insurer sought permissive intervention pursuant to Code of Civil Procedure section 387, subdivision (a), which originally was granted. The trial court thereafter granted plaintiff’s motion to strike the insurer’s complaint in intervention.

We shall conclude that the trial court did not abuse its discretion in granting the motion to strike, because Grange, having denied coverage and having refused to defend the action on behalf of its insured, did not have a direct and immediate interest to warrant intervention in the litigation.

FACTUAL AND PROCEDURAL BACKGROUND

This is the third appeal involving Hinton and Grange following a series of procedural missteps. The facts mainly are…