Bogdan v. Am. Legion Post 153 Home Assoc.

The Pennsylvania Superior Court reversed an order that denied an insurer’s petition to intervene. The suit resulted from a shooting outside an American Legion Post between two intoxicated patrons. American Legion’s insurer sought to intervene to secure a special jury verdict form and answers to interrogatories to allow a clear determination of the basis for the jury’s verdict to assist with subsequent coverage determinations regarding indemnification in the declaratory judgment action. Initially, the Superior Court held that the order appealed from was a collateral order and thus ripe for appeal. The Court then held that the trial court abused its discretion in denying the petition to intervene because it was reasonable for the insurer to wait to intervene until the issue of the verdict sheet arose.

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