The plaintiffs obtained a default judgment against the defendant following a fatal motor vehicle collision.
The defendant's insurer, Certas, brought a motion to be added as a statutory third party under s. 258(14) of the Insurance Act, having denied coverage to the defendant.
The plaintiffs opposed the motion, arguing Certas delayed and should be bound by the default judgment.
The court granted the motion, finding Certas met the statutory conditions and that the plaintiffs' failure to notify the insurer of their imminent default judgment motion negated any claim of prejudice.
