What is a motion to intervene in an insurance litigation case?
A motion to intervene in an insurance litigation case is a legal request made by a third-party, or a person who is not a party to the original case, asking to become a party to the case. This motion is made by the third-party, such as an insurance company, if their interests are affected by the outcome of the case or they can provide evidence not already presented. In New York, a motion to intervene must be made before the conclusion of the original case. The court then has the discretion to accept or reject the motion. If a motion to intervene is accepted, the third-party is allowed to present evidence and essentially become a party to the case. Intervention can also help the court to resolve any conflicts between the parties involved in the original case. For example, if two insurance companies are in dispute, a third-party can intervene and offer evidence and arguments to help the court make a decision. Motions to intervene can be denied if the court believes that the third-party does not have a valid interest in the case or that their evidence is not relevant to the case. In addition, the court may reject the motion if it will cause undue delay or disruption to the original case.
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