CE Design Ltd. v. King Supply Co., LLC

Dist. Ct. did not err in denying insurance company’s motion to intervene in class action lawsuit under Telephone Consumer Protection Act (TCPA) action for purposes of challenging proposed settlement of lawsuit that called for payment of $20 million to plaintiffs-class members with defendant insured paying only $200,000, and with balance to be collected against instant insurance company if instant TPCA claim was covered under policy issued by insurance company. Insurance company’s intervention motion was untimely since it should have been brought at beginning of lawsuit approximately three years prior to filing of instant motion, even though insurance company, which had denied coverage in beginning stages of instant lawsuit, had cause to believe that insured and plaintiffs might collude to stick insurance company with excessive recovery through proposed settlement. Ct. further noted that insurance company was successful in first stage of state court proceeding seeking determination as to whether instant insurance policy provided coverage for TCPA claim.