Truck Ins. Exch. v. Superior Court of L.A. Cty.

Good Law
1997 Cal. App. LEXIS 1078·60 Cal. App. 2d 342·60 Cal. App. 4th 342·70 Cal. Rptr. 2d 255·97 Daily Journal DAR 15345
Court of Appeal of CaliforniaDecember 22, 1997B114035California2,997 words

Opinion

Opinion

Vogel, J.

Petitioner Truck Insurance Exchange (Truck), an insurer of RCS Equities, Inc. (RCS), filed this proceeding to challenge the denial of its motion to intervene in this action for rescission filed by real parties in interest, Transco Syndicate # 1 (Transco) and Alpine Insurance Company (Alpine), two other insurers of RCS, on the ground that it has a direct interest in the outcome of the present matter.

Factual and Procedural Background

RCS is a roofing contractor, incorporated under the laws of the State of California. Policies of general comprehensive liability insurance were issued to RCS by Truck, Transco, and Alpine for the successive policy periods of August 24, 1987, to August 24, 1988, October 1, 1991, to October 1, 1992, and October 1, 1992, to October 1, 1993, respectively. On August 1, 1994, the Franchise Tax Board suspended RCS pursuant to Revenue and Taxation Code section 23301 for failing to file tax returns for 1992, 1993, and 1994. RCS has not been revived and has not made a general appearance in this matter.

During a time frame coinciding with the periods of coverage provided by the policies issued by Truck, Transco, and Alpine, a number of actions were…

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