United States District Court, M.D. Georgia, Macon Division
ORDER GRANTING ATLANTIC SPECIALTY INSURANCE
COMPANY'S MOTION TO INTERVENE AND DENYING PLAINTIFF'S
MOTION FOR DEFAULT JUDGMENT
E. SELF, III, JUDGE.
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
AND PROCEDURAL BACKGROUND
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].
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])].
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].
Atlantic Specialty Insurance Company's Motion to
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].
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
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
Great West Casualty Insurance Company's Motion ...