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Argonaut Insurance Co. v. Safeway Steel Products12/30/2004
Transcontinental policy was for excess insurance and stood behind the Reliance primary insurance policy to cover liabilities. Thus, assuming, arguendo, that Federal proved that Transcontinental had a duty to defend and indemnify Kenny and Park, it cannot do so without, expressly or impliedly, proving Reliance's liability as well. As such, Reliance's interest would be substantially prejudiced by an adverse ruling against Transcontinental thereby making Reliance an indispensable party to the proceedings. Since Reliance cannot be joined in the matter, the complaint against Transcontinental must be dismissed for its inability to join an indispensable party.
Conclusion
For all of the foregoing reasons, we reverse the circuit court's order vacating the granting of Federal's intervention petition and affirm the dismissal of Federal's complaint against Transcontinental. Deciding this case as we do, we deny Reliance's motion to dismiss the appeal as moot.
The judgment of the circuit court is reversed in part and affirmed in part.
Motion denied.
Reversed in part and affirmed in part.
BURKE, P.J., and GARCIA, J., concur.
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