U.S. FIRE INSURANCE COMPANY, F/U/B/O MONDO TERRA DEVELOPMENT CORPORATION, APPELLANT,
v.
TED SATTER ENTERPRISES, INC., APPELLEE
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An insurance company has standing to intervene to set aside a default judgment against its insured if the insured was not validly served.
An insurance company refused to defend its insured, leading to a default judgment. The judgment creditor later sued the insurer for bad faith. The ins…
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LETTS, Judge.
This cause emanates from an insurance company’s unsuccessful attempt to set aside a default judgment entered against its insured after the insurance company’s refusal to defend. We reverse.
The successful judgment creditor maintains that the insurance company has no standing to intervene nearly one year after judgment and so convinced the trial judge. The intervention is sought because the same judgment creditor1 is now suing the Insurance Company for bad faith refusal to defend.
The trial judge in effect adopted an estoppel argument and stated that since the insurance company had refused to defend the original claim it had no standing and she would not permit an attempt to set aside the default. Based on the facts of this case, we disagree.
The insurance company’s argument that it had standing was predicated on lack of valid service on the insured. Assuming that might be true (and the merits of that argument have not yet been passed on), we are in agreement that the insurance company would have standing and is not estopped to intervene.
REVERSED AND REMANDED IN ACCORDANCE HEREWITH.
GLICKSTEIN and WALDEN, JJ., concur. . The insured is out of business.
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Great Am. Ins. Co. v. Bevis, 652 So. 2d 382 (Fla. 2d DCA 1995)…eat American did not have standing to attack the final judgment. The trial court granted Great American’s motion to intervene and then denied it the right to argue any issue on the merits. In U.S. Fire Insurance Co. v. Ted Satter Ente'iyrises, Inc., 447 So. 2d 1032 (Fla. 4th DCA 1984), an insurer refused to defend the insured in the original suit. Almost one year after the judgment was entered, the insurer sought to intervene. The Fourth District Court held an insurance company has standing to intervene if the…
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British Aviation Ins. Co. Ltd. v. Menut, 511 So. 2d 425 (Fla. 4th DCA 1987)…rest in this litigation and that the trial court should have granted its petition to intervene. See Citibank, N.A. v. Blackhawk Heating & Plumbing Company, 398 So. 2d 984 (Fla. 4th DCA 1981) and U.S. Fire Insurance Company v. Ted Satter Enterprises, 447 So. 2d 1032 (Fla. 4th DCA 1984). We find no error in the trial court’s denial of British Aviation’s motion for an evidentiary hearing on the issue of fraud and collusion and by its refusal to stay the entry of the final judgment. The Supreme Court of Florida…
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Providence Wash. Ins. Co. v. S. Guar. Ins. Co., 667 So. 2d 323 (Fla. 1st DCA 1995)…declaratory judgment actions, since there was still a reasonable likelihood that the coverage conditions would be met.2 British Aviation Ins. Co. Ltd. v. Menut, 511 So. 2d 425 (Fla. 4th DCA 1987); U.S. Fire Ins. Co. v. Ted Satter Enterprises, Inc., 447 So. 2d 1032 (Fla. 4th DCA 1984).3 REVERSED and REMANDED for further proceedings. ZEHMER, C.J., and KAHN, J., concur. . While the record in this case does not contain the amount of attorney fees and costs expended in defense of the Gallo and Thompson claims t…