NELLIS v. MID-CENTURY INS. CO.

No. 26,530.

163 P.3d 502 (2007)

2007-NMCA-090

Nicole NELLIS, for herself and all others similarly situated, Plaintiff-Appellee, v. MID-CENTURY INSURANCE COMPANY, Defendant-Appellee, and Prematic Service Corporation, Proposed Intervenor-Appellant.

Court of Appeals of New Mexico.

June 6, 2007.


Attorney(s) appearing for the Case

McCary, Wilson & Pryor, Floyd D. Wilson, Freedman, Boyd, Daniels, Hollander & Goldberg, P.A., David Freedman, Alan Konrad, Peifer, Hanson & Mullins P.A., Robert E. Hanson, Eaves & Mendenhall, P.A., John M. Eaves, Albuquerque, NM, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, Timothy G. Blood, San Diego, CA, for Appellee Nicole Nellis.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Andrew G. Schultz, Albuquerque, NM, Skadden, Arps, Slate, Meagher & Flom, LLP, Darrel J. Hieber, Douglas B. Adler, Robert J. Herrington, Micol Small, Los Angeles, CA, for Appellee Mid-Century Insurance Co.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Douglas G. Schneebeck, Donald A. De-Candia, Alex C. Walker, Albuquerque, NM, for Appellant.


OPINION

KENNEDY, Judge.

{1} Prematic Service Corporation (Nevada) and Prematic Service Corporation (California) (collectively Prematic) appeal the district court's denial of its motion to intervene in a lawsuit between Plaintiff Nicole Nellis and Defendant Mid-Century Insurance Company. Prematic sought to intervene to protect its rights to collect a "service fee" that Plaintiff construed to be an additional "premium" in breach of Plaintiff's contract with...

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