In Re Arch Insurance Co.
The Court refused to grant mandamus to the insurer so that it could intervene in the underlying lawsuit explaining that even if the insured's refusal to raise an affirmative defense in the lawsuit, which the insurer was defending, gave the insurer a justiciable interest in the lawsuit, the insurer had waited two-and-a half years after being expressly told that its insured would not raise the workers compensation bar as a defense to file the insurer's petition and therefore, the trial court may have concluded that the equities weighed against intervention; moreover, the insurer had an adequate remedy at law, as it could raise the insured's failure to assert the bar and seek a determination on that issue in separate coverage litigation.
commercial general liability, CGL, justiciable interest, intervention, intervene, workers' compensation bar, affirmative defense, cooperation, adequate remedy at law
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