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Show COPY PAG TNI FOUft DAILY FRIDAY, NOVEMBER 10, 1972 RICOKD Warranty Deeds 2490 Lawrence Dean etux to Carl J. Boyer etux. 191 United Bond k Fin. to 197 Willis Davidson Jr. 168 2490 . Revear Nelson etux to Darrel D. Ashby etux. 001 Con Fexming etux to Gwyn D. Davidson etux. Q04 United Bond k Fin. to George Cross Atkin etux. 006 202 David W. Colton etux to City South Jordan. 009 Lafe B. Brown etux to Donald R. McDaniel etux. 199 Carol L. Allen to Roy 206 D. Fornnesback etux. Lafe B. Brown etux to Dale B. Cars tens en etux. Lafe B. Brown etux to 012 Marcell E. Drake to George G. Everts etux. 016 220 DanH. Patter Jr. etux to Carrol F. Rogers etux. 018 231 Michael Crowley to William D. Wood etux. 065 G orge P. Owen Jr. etux to Nichon H. Sheranian etux. 066 Lauretta Singer to Thomas Edward Vale ski etux. George W. Duckworth ti Scott L. Duckworth etal. Bernell W. Hales etux to Ernest H. Coleman etux. 234 Nishon H. Sheranian etux to Gordon P. Owen Jr. etux. 235 Triangle Const, to E. Scott Savage etux. 237 Lyndell B. Hardman etal to Bd. Ed. Granite Schcd 244 Ernest H. Coleman etux to Mary Coi. Coulam NeilsonDev. to Olaerte A. Arruda etux. 067 Louise S. Baughman etux to Linford Bros. 075 076 Linford Bros, to A. Kyle Bettilyon etal. A. Kyle Bettilyon etal to Linford Bros. 078 245 Richard Prows file, to Melba C. Osmond. Carl R. Ohran Inc. to Carol Ann Garlick. Edward B. Erekson etal to Kirton Land & fiiv. 080 246 257 Artistic Homes to Vernal Denning etux. W. Joe Doctorman etux to Joe Doctorman etal, Tr. 259 General Inv. to Assoc. 081 Kirton Land k Inv. to Robert G. Steffensen etux. 084 Mary Rosealine Jones Brown etal to Richard K. Calfwell etux. Schmelter etux. Helen. L Fehr to Melvin E. Leslie. In The Supreme Court Of The State Of Utah Flora Keeler, Plaintiff and Respondent, No. 12806 Sherman Brimley Tate, et al. , Defendants and Respondents, and Transnational Insurance Company, Intervenor and Appellant. FILED October 31, 1972 L. M. Cummings Clerk HENRIOD, Justice; Appeal from the denial of a motion by Transnational to intervene as a defendant allegedly to protect its rights in an action brought by Kesler, its insured, against defendants, alleged uninsured motorist tortfeasors, - where both plaintiff and defendants resisted the motion. Affirmed with costs to plaintiff and defendants. The only substantial factual difference between this case .md o..r recent case of Christensen v, Peterson, 1 so far aa pertinent1 to the :su here, is that there the plaintiff attempted to join its carrier as deitnd.ini while here the carrier attempted to join itself as such. No point is nvt'it in the brief on appeal as to any reason for a different conclusion bic-ecoi such distinction, we can see no such reason therefor, and contqui.n:!-we conclude that the Christensen case is dispositive here, recognizing 'rn! there may be some division in the authorities. ! . WE CONCUR: Berco Corp. to Arthur E. R. Callister, Jr. , R. L. Tuckett, Justice Chief Justice Stephen B. Utley etal Arthur to Jager. 088 Wilbern L. McDougal etux to Ross L. Broadbent etux. 277 089 Berco Corp. to Arthur Jager. Cecil G. Stanbrough 280 718 Calvin Eugene Green etux to Walter F. Wallis etux. Frederick E. Ettrich to E. Forrest Booth etux. 170 Jager. David 0. Young etux to Jurgen 182 701 Stephen B. Utley etal to Arthur Jager. 086 M. Neva Robinson etal. Carlos W. Stone to Horne fov. etal. Carter etux to 085 Equities. 273 Edythea A. Boat etal to Merrill E. Barnbs etux. Von H. Carl Lee Smith etux. 208 260 2489 176. 091 etal to Ralph C. Cameron Utah 2d 41i748i P. 2d 447 (1971). 2. It is significant that practically all of the authorities cited b :he appellant either are from one state, in which case it appears that 'ht-were not Supreme Court decisions of that state, or other authoi u:ewhich similarly are intermediate, but not spreme court decisions tiy. we prefer to adhere to our own decision, which the appellant h.i nor chosen to mention or discuss in its brief. 1. dive A. Smith to Mark H. Ha fey etux. 25 - Leona K. Mabey to Joseph D. Syndergarrd etux. 105 Frederick M. Paulson etux to George Jesse Oakey etux. 282 Earl Kay Kirkham etux to Charles A. Stephens etux. 107 286 Stephen B. Utley etal to William P. Newman. Ill Gam G. Christensen Con. to Dane Volker Cardall Berco Corp. to Williair 287 etux. P. Newman. Virgil Givens etux to The Rolee Corp. 288 W. 296 118 to 122 G. Eugene England etal to Western State Title. Robert Crosier etux Carolyn A. Caolson. Bountiful Bldg, to Jack Jr. etux. R. Shosted W. Vernal Denning etux to Artistic Homes Inc. 124 125 Artistic Homes file, to Eugene E. Quandt etux. IPK Corp. to Glen G. Mathews etux. 128 Albert Porter etux to Gary Pretty Pain etux. 131 133 Lloyd L. Beck etux to ELLETT, Justice: (Dissenting) I did not agree with the holding in the case of Christensen v. iVtt. r However, even though it is the decision of this court, I do not believe v r it is controlling in this case. There, the insurer had furnished the defendant and had complete control of the defense. It had Me day ;n , wilr..:.-.i- and was afforded due process of law in that it could cross-examifor the plaintifis and offer such evidence as was available to make sure that it did not have to pay more to the plaintiffs than was ju:ly due. In r.v case the insurer did no want the jury to know that insurance was involvt 1. 25 Utah 2d 41 f. 483 P. 2d 447 (1971). It ia obvious that the parties in the instant matter are not adequately representing the interest of the appellant. The defendant objected to the intervention and refused to permit intervenor to assist in the defense of an action wherein any judgment recovered may bind the intervenor. ne Since it appears to me that the interests of all parties would he! be served by having one action and that there would be a conserve ion of time of the trial court in so doing, I would remand the matter to the trial court with directions to permit the appellant to intervene, and wouH award costs to the appellant. Wayne R. Magleby etux. 136 1973 MODELS ANY MAKE 0 OR 73 Merturys, Contli., Mali IVi, ready for I I concur with the dissent and add the following observations: Under our law as it has developed there is a paradox in that we allow the "real party in interest" to be joined in any action. If that basic rule were followed, there could be no possible question but that Transnational Insurance Company is a proper party here. The paradox is that because of the possibility that injecting insurance into the cave may distort justice, particularly in that jurors may be more likely to rule against insurance companies, it has Ions been firmly established in our decisional law that this may not be done. In the instant case that difficulty is eliminated because the insurance company itself indicates its willingness to risk the possible distortion just mentioned and have it fully disclosed to court (and jury) that it pays the recovery. But it desires an opportunity to participate in assuring a just and accurate determination of the amount to be paid. If it is denied that opportunity it' may well lie entirely in the hands of other parties (plaintiff and defendant) to make that determination, when neither has much interest in protecting the insurance company. 145 John T. Dennis etux to Bd. Education Granite School immediate delivery now! Fill MAINTfNANCI AVAR. ON Carl R. Ohran Ihc. to Joseph Robert drdner etux. Bangerter k Hendrickson Enterprises Inc. to Kenneth Lamar Hills Jr. etux. 359-866- 1 I IXTINDID CROCKETT, Justice) (Dissenting) 139 CAILBOB SVITAK A Albert Gentry etux 138 MODEL ORDER NOW!! Many G. to Nelson L. McQueen etux. R. Keith Andersen etux to Zions 1st Nat. 159 WARRANTY IOMI 731 DON RICHARDS 166 B. Dave Bradley to Dale E. Bradley. LIASINO, INC. S.l.C. 633 S. MAIN LEGAL SIZED BINDERS 3-RI- NG perfect for all legal size documents, court exhibits, etc. 2 rings, $3.45; 40: $3.00; (Salt Lake and Provo only) ROBERT.. SYKES, 1218 3rd AVE., SLC 9: $3.75; 10-1- 9: $3.65; 20-3- 9: I 1. In addition to Rule 24, U.R.C.P, , see Rules 17 and 19, U.R.C.P7 The latter states: . . persons having a Joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. 2. Ellis v. Gilbert, 19 Utah 2d 189, 429 P. 2d 39 Young v. Barney. 20 Utah 2d 108, 433 P. 2d 846. i |