The appellant insurer appealed an interlocutory order adding it as a Statutory Third Party rather than as an intervenor under Rule 13.01 in an action arising from an allegedly staged motor vehicle accident.
The insurer argued that as a Statutory Third Party, it could not take a position contrary to its insured, preventing it from fully contesting liability based on fraud.
The Superior Court allowed the appeal, finding that the insurer should be added as a party Defendant to avoid a multiplicity of proceedings and to allow it to properly defend against the alleged fraud.
