In a personal injury action, does the insurance company have standing to bring a motion to vacate judgment against the insured?

California, United States of America


The following excerpt is from Don v. Cruz, 131 Cal.App.3d 695, 182 Cal.Rptr. 581 (Cal. App. 1982):

[131 Cal.App.3d 701] The rule thus proposed, in our opinion, is not a good one and should not be followed in the absence of compelling authority. In a personal injury action the defendant's insurer is, in effect if not in law, the real party in interest (see Lieberman v. Aetna Ins. Co. (1967) 249 Cal.App.2d 515, 524, 57 Cal.Rptr. 453 [carrier has standing to bring motion to vacate judgment against insured] ), yet the proposed rule would permit the insurer to willfully or recklessly ignore filing deadlines with impunity, shielding itself behind the blamelessness of its insured while it makes a shambles of orderly procedure. "When inexcusable neglect is condoned even tacitly by the courts, they themselves unwittingly become instruments undermining

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