What is a motion for summary judgment in an insurance litigation case?

A motion for summary judgment in an insurance litigation case is a legal tool used in court proceedings. It is a motion asking the court to make a decision without going to trial. To win a motion for summary judgment, the moving party has to show that there is no genuine dispute as to any material facts. This means that the facts are so clear that the case can be decided as a matter of law by the court without any need for a trial. In an insurance litigation case, the motion for summary judgment serves as an important tool to quickly resolve disputes. It may help the parties reach a settlement sooner and avoid a lengthy trial process. Often times, insurance companies will use the motion to argue that they should not be liable for the claim as a matter of law. In New York, a motion for summary judgment must be made in writing. It must set forth a statement of the material facts as to which the moving party believes there is no genuine dispute. The opposing party must then submit sworn affidavit or another form of proof supporting their position. The court will then consider the motion and decide whether or not to grant it. If the court grants the motion, then no trial is necessary. The court will enter a judgment on the disputed matter in favor of the moving party.

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What is a motion for summary judgment in an insurance litigation case?

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