Whitehead v. Lakeside Hospital Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• in uninsured motorist cases “the non-intervention in an action against the insured by an insurer who contests coverage does not estop the insurer from later litigating the issue”
• an unjustified refusal to defend “renders the insurer liable to the insured for all resultant damages from that breach of contract”
• “An insurer does not have an interest that implicates the rule until the insurer is called upon to make indemnity as to the judgment.”
• “Intervention as of right Rule 52.12(a) is indeed the procedure open to an insurer to meliorate the risk of consequences that attends the refusal to defend on the ground of noncoverage.”
• “The liability of an insurer as potential indemnitor of the judgment debtor does not constitute a direct interest in such a judgment so as to implicate intervention as of right in that action.”
• “An insurer who seeks a declaratory judgment on the question of coverage may apply to intervene in the action against the insured solely for a stay of that proceeding until the adjudication of the declaratory judgment.”

Source: CourtListener parenthetical corpus (CC0).