dissenting, with whom W. THOMAS SULLINS, District Judge, joins.
I respectfully dissent.
Lucy Stilson, after pursuing her personal injury ease to judgment, is now placed in the untenable position of defending a subrogation claim involving parties, claims and demands outside of the issues involved in the litigation.
Allstate Insurance Company was satisfied with informing State Farm Fire and Casualty Company of their claim on three occasions prior to Stilson obtaining judgment in her action against Daina Hodges. Allstate had ample opportunity to intervene under the provisions of W.R.C.P. 24, but complaisantly stood by, apparently confident that State Farm would carry the day for them.
State Farm, although aware for almost three years of Allstate’s claim, now fear they will be faced with double liability if they pay the judgment awarded to Stilson in her civil action. State Farm had every opportunity to resolve the subrogation claim by the simple expedient of joining Allstate in the action under the provisions of W.R.C.P. 22.
I believe the judgment should be paid to Stilson, and the insurance companies having failed to exert their claims, should now be left to their own devices.
I would reverse.