An automobile insurer sought to intervene in a tort action as an added defendant under Rule 13.01 of the Rules of Civil Procedure in order to allege that the accident was staged and to assert a crossclaim against its insured.
The court held that it was not an appropriate use of Rule 13.01 for a tort insurer to add itself as a party defendant where statutory third party status under s. 258 of the Insurance Act was available.
As a statutory third party, the insurer could still defend the claim on the basis that the accident did not occur or was staged and could obtain discovery of its insured where adversity existed.
Issues between insurer and insured, including indemnity claims, were more properly addressed in separate proceedings.
The request to intervene as a defendant was refused, but the insurer was granted alternate relief to be added as a statutory third party.
