The federal district court granted the injured parties’ motion to intervene in the insurer’s coverage action because there was a protectable interest in being compensated for their injuries. Island Premier Ins. Co. v. Campus, 2022 U.S. Dist. LEXIS 179787 (D. Haw. Sept. 30, 2022).
Defendant Terrence Campos was involved in a auto collision while operating a vehicle owned by a third party, Jamie Barinas. Two underlying lawsuits were filed against Campos in state court. Island Premier Insurance Company issued both an auto policy and an umbrella policy to Jamie Barinas that were in effect at the time of the accident.
Island filed the coverage action seeking a declaratory judgment that the two policies issued to Barinas did not provide coverage to Defendant Campos. The victims in one accident, Sanghyuk Hong and Mi Yon Hong, moved to intervene in the coverage action, asserting that they had an interest in the court finding that Island had a duty to indemnify.
The court found that the movants had a significant protectable interest. They sought damages in the Hawaii state court lawsuit as a result of the injuries they sustained. Their ability to be compensated turned on whether Island had a duty to indemnify Defendant Campos for the collision.
Therefore, the motion to intervene ws granted.