STIPULATION TO PERMIT LEXINGTON INSURANCE COMPANY TO FILE A

COMPLAINT-IN-INTERVENTION ON BEHALF OF ITS INSURED

_______________, A SUSPENDED CALIFORNIA CORPORATION
[FILED CONCURRENTLY WITH [PROPOSED] ORDER AND PROPOSED
COMPLAINT-IN-INTERVENTION]

________________, cannot appear in this action as it is a suspended California

corporation. LEXINGTON INSURANCE COMPANY issued one or more
commercial general liability insurance policies to ______________. As a result,
LEXINGTON INSURANCE COMPANY may be subject to a direct action under
Insurance Code Section 11580 unless an appearance is made on its insureds
behalf. Accordingly, LEXINGTON INSURANCE COMPANY seeks to intervene in
this action in order to raise defenses to the claims being made against
_______________.
Therefore,

PLAINTIFF\DEVELOPER

_____________,

stipulate

and

agree, except as provided in Insurance Code section 11580, that LEXINGTON

INSURANCE COMPANY will not become subject to a judgment directly against
it.

LEXINGTON INSURANCE COMPANYs liability, if any, for any judgment

against ______________, is contingent upon a determination that there is

coverage under the applicable policy or policies of insurance and within the
applicable policy limits.
PLAINTIFF\DEVELOPER __________________, stipulates that at trial,
LEXINGTON INSURANCE COMPANY will be referred to as ______________, in
order to avoid confusion and prejudice, and maintain the consistency with regard
to the other subcontractors involved in the case.
IT IS FURTHER STIPULATED that due to _______________, being a
suspended California corporation, that LEXINGTON INSURANCE COMPANY be
permitted to file a Complaint-In-Intervention on behalf of Its insured

____________________ in lieu of filling a motion to intervene. The Complaintin-Intervention

to

Cross-Complainants

PLAINTIFF\DEVELOPER

____________________ Cross-Complaint is served concurrently with this

Stipulation to Set Aside Default and Stipulation to File a Complaint-inIntervention.

[PROPOSED] ORDER PERMITTING LEXINGTON INSURANCE TO FILE A

COMPLAINT-IN-INTERVENTION ON BEHALF OF ITS INSURED
______________, A SUSPENDED CALIFORNIA CORPORATION
[Filed concurrently with Stipulation and Proposed Complaint-inIntervention]

ORDER
IT IS HEREBY ORDERED that LEXINGTON INSURANCE COMPANY be
permitted

to

file

Complaint-In-Intervention,

on

behalf

of

______________________, a suspended California corporation, as complainantin-intervention to [developers] _______________________ Cross- Complaint.

DATED: _____________

__________________________________
JUDGE OF THE SUPERIOR COURT