Motion-Secondary: Carreiro, John et al vs. Mendonca, John

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: COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1773CV00966

JOHN CARREIRO, and )
SHERRIE CARREIRO, )
‘ BRISTOL. SS SUPERIOR C
Plaintiffs, ) mLED =
)
, ) AUG 26 2019
)
IOHNM ONCA, ) MARC J SANTOS, Esa.
END ) CLERK/MAGISTRATE
Defendant. )
).

ACE AMERCIAN INSURANCE COMPANY’S MOTION TO INTEREVENE AS
THIRD-PARTY PLAINTIFF AS OF RIGHT PURSUANT TO MASS R. CIV P. 24(a).

Ace American Insurance Company c/o CCMSI moves this Honorable Court for leave to
intervene as a Third-Party Plaintiff in this action in order to assert its cross-action claim against
the Plaintiffs and Defendant, as set forth in its proposed complaint, a copy of which is hereto
attached.

In support of this Motion, Ace American Insurance Company c/o CCMSI sets forth that it
has filed this motion in a timely manner, as it is being filed within days of receipt of notice of the
parties’ Petition for Approval of Third-Party Settlement of the instant litigation. Ace American
Insurance Company c/o CCMSI is not a party to the instant litigation. Ace American Insurance
Company c/o CCMSI is the workers’ compensation insurer, in Plaintiff, John Carreiro’s
underlying workers’ compensation claim pending before the Fall River Regional Office of the
Department of Industrial Accidents (DIA) with a DIA Board No.: 11496-17. Ace American
‘Insurance Company c/o CCMSI has an incontestable property interest in the current litigation.
Ace American Insurancé Company c/o CCMSI has a statutory right pursuant to M.G.L. Ch. 152,
§15 to intervene in the instant litigation. See, Bongiorno v. Liberty Mut. Ins. Co., 417 Mass. 396,
404 (1994).

M.G.L. Ch. 152, §15 requires that, “...no settlement by agreement shall be made with [a
third party] without the approval of either the board, the reviewing board, or the court in which the
action has been commenced after a hearing in which both the employee and the insurer have
had an opportunity to be heard.” (Emphasis Added). Pursuant to Mass. R. Civ. P. 24(a)(1) Ace
American Insurance Company ¢/o CCMSI, has the unconditional right to intervene pursuant to
M.G.L. Ch. 152, §15. Furthermore, Ace American Insurance Company c/o CCMSI has a right to
intervene pursuant to Mass. R. Civ. P. 24(a)(2), as the proposed third-party settlement affects the
insurer’s reimbursement rights. Ace American Insurance Company c/o CCMSI must be permitted