Certain Underwriters at Lloyd's, London v. Bass

Summary

The Arkansas Supreme Court reviewed the denial of Certain Underwriters at Lloyd’s, London’s motion to intervene in a class action concerning surplus-lines insurance policies. The court held that the underwriters’ shorthand designation did not make them too amorphous to intervene and that they established the requirements for intervention as a matter of right under Arkansas Rule of Civil Procedure 24(a)(2). The order was reversed and the case was remanded.

Holdings

1. An appeal from an order denying intervention as a matter of right is reviewed de novo.
2. The use of the shorthand designation "Certain Underwriters" with the relevant policy numbers did not render the proposed intervenors too amorphous to intervene.
3. The proposed intervenors demonstrated a recognized interest in the subject matter because they asserted that they were parties to the insurance contracts whose validity the class action placed at issue.
4. The proposed intervenors demonstrated that disposition of the class action could impair their interests in the insurance contracts.
5. The defendant brokers did not adequately represent the proposed intervenors' interests.
6. Because the proposed intervenors satisfied Rule 24(a)(2)'s requirements, the circuit court erred in denying their motion to intervene as a matter of right.

Questions Presented

1. Whether an appeal from an order denying intervention as a matter of right is reviewed de novo.
2. Whether the designation "Certain Underwriters at Lloyd’s, London" together with the policy numbers was too amorphous to permit intervention.
3. Whether the proposed intervenors satisfied Arkansas Rule of Civil Procedure 24(a)(2)'s requirements for intervention as a matter of right.
4. Whether the proposed intervenors' interests in the insurance contracts were adequately represented by the defendant brokers.

Disposition

reversed_and_remanded