What is a motion to intervene in an insurance litigation case?

A motion to intervene is when a third party files a request with the court to join a lawsuit that is already underway between two parties. This third party is known as an intervenor. In insurance litigation cases, an intervenor could be an insurance company, a beneficiary, or another third party impacted by the outcome of the case. In insurance cases, an intervenor may wish to join the case because they have an interest in the case that might not be taken into consideration if they do not intervene. For example, the outcome of an insurance case may affect the reimbursements of a beneficiary, or an insurance company may feel that they have an interest in the case that has not been properly addressed. In New York, a motion to intervene must be filed with the court, accompanied by a legal explanation of why the intervenor has an interest in the case. The court must then determine whether the intervenor has a genuine interest in the case that needs to be taken into consideration and whether the intervenor’s interests are not adequately represented by the two parties already involved in the lawsuit. If the court finds in favor of the motion to intervene, then the intervenor is allowed to participate in the case.

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