Mauro v. State Farm Mutual Auto Insurance, 2013COA117 (Aug. 1, 2013)

“If the interest of the absentee is not represented at all, or if all existing parties are adverse to him, then he is not adequately represented.” Opinion. In a personal injury case, the parties moved for a protective order to keep certain records confidential. State Farm, defendant’s insurer, moved to intervene and oppose the order. The trial court denied the motion, but the court of appeals reversed. The court agreed with State Farm that: 1) its record-keeping obligations under state law gave it an interest in the outcome of the protective order; 2) there was no other venue in which State Farm could challenge the order; and 3) its interests were not protected by counsel for the insured, even if that counsel was hired by State Farm. The court did not, however, rule on the merits of the protective order. Instead, State Farm was permitted to intervene on remand.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA1509-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9047&courtid=1

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Filed under Evidence, Insurance, Proceedure, Torts

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