Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Great West Casualty Insurance Co. v. Burns

United States District Court, M.D. Georgia, Macon Division

April 10, 2019

GREAT WEST CASUALTY INSURANCE COMPANY, Plaintiff,
v.
DEXTER BURNS, QUANDRALYN PAUL, JAKE FAISON, DUNAVANT TRANSPORTATION GROUP LLC, Defendants.

          ORDER GRANTING ATLANTIC SPECIALTY INSURANCE COMPANY'S MOTION TO INTERVENE AND DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

          TILMAN E. SELF, III, JUDGE.

         Before the Court for consideration are two motions in this declaratory judgment action filed by Great West Casualty Insurance Company (“Great West”). First, is a Motion to Intervene [Doc. 27] filed by Atlantic Specialty Insurance Company and second is a Motion for Default Judgment [Doc. 30] as to Defendant Jake Faison filed by Great West. After a brief factual synopsis, the Court rules on the two motions below.

         FACTUAL AND PROCEDURAL BACKGROUND

         On March 4, 2018, Defendant Faison was involved in an accident with a vehicle driven by Defendant Paul in which Defendant Burns was also a passenger [Doc. 1 at ¶¶ 15-16]. Defendant Faison, with his wife as his passenger, drove a road tractor leased to Defendant Dunavant Transportation Group, LLC (“Dunavant”). [Id. at ¶¶ 17-18]. On the day of the accident, Defendant Faison was not operating the leased road tractor in furtherance of Dunavant's business and indicated on his driver logs that he was “off duty” and “on a personal conveyance.” [Id. at ¶ 20-21].

         On July 18, 2018, Paul and Burns each filed separate personal injury lawsuits in the State Court of Bibb County. [Id. at ¶ 24]. In their respective state-court complaints, Paul and Burns each contend that at the time of the accident, Defendant Faison may have been “acting in the course and scope of his employment and in furtherance of the business of Dunavant, ” or Defendant Faison may not have been “acting in the course and scope of his employment and in furtherance of the business of Dunavant.” [Doc. 30-1 at p. 2 (citing [Doc. 1 at ¶ 25])]. Pursuant to Dunavant's insurance coverage under Commercial Lines Policy Number MCP11922D, “Great West contends that it has no obligation to defend or indemnify Defendant Faison in connection with the Negligence Actions as there is no coverage provided by the Policy, because Defendant Faison was not operating his road tractor in Dunavant's business as a motor carrier for hire at the time of the subject [a]ccident.” [Id. at p. 3 (citing [Doc. 1 at ¶ 31])].

         Seeking a declaratory judgment that it indeed has no such obligation, Great West filed the instant lawsuit on January 4, 2019, and represents that Defendant Faison “was duly served with a copy of the summons and the Complaint on February 7, 2019.” [Id. (citing [Doc. 15])]; see also [Doc. 1 at p. 9]. Given that Defendant Faison failed to file an Answer or otherwise respond to the Complaint within 21 days from the purported “date of service, ” Great West made application to the Clerk of Court for an Entry of Default against him. [Doc. 23].

         DISCUSSION

         1. Atlantic Specialty Insurance Company's Motion to Intervene

         As a preliminary matter, the Court addresses Atlantic Specialty Insurance Company's (“Atlantic”) Motion to Intervene [Doc. 27], to which no party has raised an objection or filed a response. Atlantic brought its motion pursuant to Federal Rule of Civil Procedure 24 seeking to intervene as a respondent in above-captioned declaratory judgment action. [Doc. 27-1 at p. 1].

         In order to intervene in a civil action, a party must show that

(1) [its] application to intervene is timely; (2) [it] has an interest relating to the property or transaction which is the subject of the action; (3) [it] is so situated that disposition of the action, as a practical matter, may impede or impair [its] ability to protect that interest; an1d (4) [its] interest is represented inadequately by the existing parties to the suit.

Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989). Like Great West, Atlantic is a defendant in the lawsuits filed in the State Court of Bibb County. [Doc. 27-1 at p. 2]. Atlantic issued an insurance policy to TGT Transgulf Transportation LLC d/b/a Trans Gulf Transportation with the following additional insureds: Dunavant Sea Lane Express, LLC and Dunavant Trans Gulf Transportation, LLC. [Id.]. In its motion, Atlantic succinctly states, “[i]f the Court finds that Great West's Policy does not offer coverage because Faison was not operating his vehicle in [sic] for a business purpose, then Atlantic Specialty's policy will possibly be triggered.” [Id.].

         Upon review of Atlantic's motion, it is clear that its interests would be impaired absent an ability to participate in this case because none of the existing parties to this action adequately represent Atlantic's interests. Accordingly, Atlantic is permitted to intervene as a respondent as a matter of right and the Court GRANTS Atlantic Specialty Insurance Company's Motion to Intervene [Doc. 27] as a party defendant.

         2. Great West Casualty Insurance Company's Motion ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.