Description
The word "defendants" in CRP r. 25.7(2)(e)(ii) meant the Defendants against whom an order for an interim payment was sought. Therefore when a Claimant applied for an interim payment against a number of Defendants on the basis that one or another was liable and they were all insured, it was irrelevant that there was also another Defendant who was not insured. On the facts, the Appeal was allowed as it was far from certain that the parties against whom the interim order had been made would be found liable.
