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Eskew v. National Farmers Union Insurance Co.9/18/2000
A copy of the complaint is in the record and the court had approved its filing shortly before the jury verdict was entered. Under these circumstances, we view filing the complaint as a ministerial act which Insurer lost all incentive to complete after entry of the verdict. Looking to substance rather than form, we believe Insurer's intervention was sufficiently complete for it to be treated as an intervenor with respect to costs.
Conclusion
We hold that it is within the informed discretion of the trial court to assess costs against an insurer who intervenes in the worker 's suit against an alleged tortfeasor. We remand for the trial court to determine whether it is proper to assess costs against Insurer in this case.
IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
LYNN PICKARD, Chief Judge
MICHAEL D. BUSTAMANTE, Judge
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