What is a motion for default judgment in an insurance litigation case?
A motion for default judgment in an insurance litigation case is a legal document that a plaintiff may file if the defendant fails to respond to a lawsuit. In New York, if the plaintiff has properly served the defendant with a summons and complaint, then the plaintiff may ask the court for a default judgment if the defendant does not respond to the complaint. When the plaintiff has valid evidence to support their claims such as a valid insurance policy, they can use a motion for default judgment to get a court ruling without ever needing to go to trial. The court will enter a default judgment by declaring that the plaintiff’s claims are valid and the defendant is responsible for not responding to the lawsuit. This allows the plaintiff to collect the damages they are claiming, such as compensation for an accident or damage to property. However, if the plaintiff does not have valid evidence to support their claims, the defendant can file a motion to vacate the default judgment. If successful, the court will vacate the default judgment and the case will move forward. The defendant may then have the opportunity to present evidence to prove that they are not responsible for the claims that the plaintiff has made. The case will then move forward with the court making a determination as to who is liable in the case.
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