Accident911 Help Medical Center Corp. v. Direct General Insurance Co.
PIP medical providers holding assignments of benefits sought to intervene in the insurer's declaratory judgment action against its insured seeking a declaration that the policy was rescinded and void ab initio (and that the assignments were therefore void). The Third District held the trial court abused its discretion in denying intervention because a judgment voiding the policy would extinguish the providers' assigned rights, giving them a direct and immediate interest under Union Central Life Ins. Co. v. Carlisle, and reversed with directions to grant the motion.
Key facts
- PIP medical providers holding assignments of benefits from the insured sought to intervene in the insurer's declaratory judgment action against the insured, where the insurer sought a declaration that the policy was rescinded and void ab initio.
- The trial court denied the providers' motion to intervene, and the providers appealed.
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Why it matters
This is a useful tool for PIP providers and other assignees facing insurer rescission/void-ab-initio declaratory actions filed only against the named insured: the opinion holds intervention must be permitted where the… — full analysis with a trial
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