Case Caption: Patrick Anthony et al. v. Independent Insurance Advisors, et al.Case Number: S. Ct. Civ. No. 2010-0002, S. Ct. Civ. No. 2010-0003Date: 04/02/2012Author: Cabret, Maria M. Citation: Summary:

In a case involving alleged malfeasance relating to insurance coverage for the common areas of a condominium destroyed by Hurricane Marilyn in 1995, the Superior Court's refusal to allow a new party to intervene three years after the litigation commenced - after discovery had been completed, and after dispositive motions had become pending - when the party moving for intervention presented no justification for her delay in seeking to join the litigation, is affirmed. The court's grant of summary judgment against the other appellant is also affirmed because, under the covenants and restrictions of the condominium's declaration, the owners gave the condominium association authority to bind them in all matters affecting insurance, and 28 V.I.C. § 906 makes that covenant binding upon the appellant. Whatever right he had under 28 V.I.C. § 926 to sue separately was extinguished when the association exercised its right to bind all of the owners by settling the claims in this action against all of the insurance defendants. However, the Superior Court erred by failing to address this appellant's outstanding motion to amend the pleadings to assert crossclaims against other parties, and the case is remanded for determination of the motion to amend in accordance with this opinion.

Attachment: Open Document or Opinion