The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Robert J. O'Brien Et Al.v.Builders Insurance

CourtCourt of Appeals of Georgia
Docket No.A19A0686
DecidedMay 3, 2019
Reporter306 Ga. App. 621
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawContract LawInsurance LawCivil ProcedureReversal
Case Summary

Property owners sued a construction company and others for defective construction on Sea Island. The contractor’s insurer later sought to intervene so that it could participate in discovery and propose a special verdict form addressing whether it owed coverage for the alleged damages. The trial court granted intervention over the owners’ objections. The Court of Appeals reversed. An intervenor must claim an interest in the subject matter that requires protection in the existing action, but the insurer had an independent remedy: it could bring a separate declaratory-judgment action to determine coverage after the underlying case. Because that independent remedy protected the insurer’s interests, intervention was unnecessary and would improperly insert the insurer into litigation between the owners and the alleged tortfeasors. The court emphasized that an intervenor takes the case as it finds it and cannot expand the issues. The published decision provides a concise limit on intervention by insurers whose coverage questions can be resolved in a separate action.

Opinion

Loading published copy…

The Far Side
Robert J. O'Brien Et Al. V. Builders Insurance — The Atlanta Gleaner