Rodgers

MINUTE ORDER (1) DENYING PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM; (2) DENYING PLAINTIFF’S MOTION TO STRIKE COUNTERCLAIM; (3) GRANTING DEFENDANT’S MOTION TO COMPEL JOINDER; (4) VACATING THE JULY 26, 2010 HEARINGS; (5) CONTINUING JULY 26, 2010 SCHEDULING CONFERENCE (IN CHAMBERS)

I. BACKGROUND

A. Factual Allegations

On August 5, 2006, Defendant Bruce Rodgers (“Defendant”) was in a car accident while driving a vehicle owned or leased by his employer. (Countercl. ¶ 4.) Susan Corliss was a passenger in the car at the time of the accident, and was injured in the accident. (Id.)

In 2008, Ms. Corliss filed a lawsuit against Defendant’s employer and Defendant for injuries suffered in the accident (the “Underlying Action”). (Id. ¶ 10.) After resolving initial confusion as to the identity of his insurer, Defendant tendered defense of the Underlying Action to Plaintiff Greenwich Insurance Company (“Plaintiff’) in December 2008. (Id. ¶¶ 13-14.) Plaintiff agreed to pay the costs of Defendant’s defense of the Underlying Action subject to a reservation of rights letter under which Plaintiff reserved, inter alia, the right to file a declaratory judg ment action concerning its duty to defend…