Motion for Leave to Intervene on Behalf of Cross-Defendant McCann Plastering, Inc. Financial Pacific Ins. Co. seeks to intervene in this action in order to defend its insured, cross-defendant McCann Plastering, Inc., a suspended corporation. The proof of service declares that on June 15, 2018 notice of the hearing was served by mail to the interested parties and the special master and on May 31, 2018 the moving papers were served by mail to the interested parties and the special master. There is no opposition to the motion in the court’s file.
The Third District Court of Appeal has stated: “...when an insurance company seeks to provide a defense in pending litigation for a corporation that has been suspended for nonpayment of its taxes, the insurance company must intervene in the action to protect its own interests and those of its insured.” (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212, 216.)
In describing the effect of relevant provisio