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

A motion to intervene in an insurance litigation case is a legal action taken by a third-party to join an existing lawsuit. In Washington, when a person or business has been injured by an insured party and pursues a claim against their insurance company, a motion to intervene may be filed by another party with an interest in the outcome of the case. Generally, these third-parties are creditors or other individuals or businesses who have a claim or interest in the insurance company’s assets. For example, if a business has a contract with an insured party and the insured party breaches that contract, the business may file a motion to intervene in the litigation case to seek compensation from the insurance company. The motion to intervene must be filed with the court, and is usually opposed by the insurance company. If the motion is allowed, the third-party is allowed to participate in the lawsuit and is granted certain rights. For example, the third-party may be allowed to present evidence, cross-examine witnesses and call witnesses of its own. In Washington, the third-party must have a genuine interest in the litigation case in order for the motion to intervene to be granted. This means that the third-party must demonstrate that their interest will be affected by the outcome of the case. Additionally, the court will consider the degree of influence the third-party can have on the case, as well as any additional costs or delays that may be caused by allowing the intervention.

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