What is a motion to set aside a judgment in an insurance litigation case?

A motion to set aside a judgment in an insurance litigation case is when one of the parties involved in the case is asking the court to throw out the original judgment. This could be because the party believes that the original judgment was unfair, or based on inaccurate or incomplete information. The party wants the court to overturn the original judgment and start the case over again. In order to make a motion to set aside a judgment, the party must first prove to the court that the original judgment was based on a “clear error of law” or “irregularity in the proceedings”. If the court finds that either of these is true, it may decide to set aside the original judgment and allow the case to proceed. In Delaware, a motion to set aside a judgment can be filed within twenty days of the entry date of the judgment. The court will then decide whether or not to grant the motion. If the motion is granted, the court will have to determine the next steps in the litigation process. Depending on the circumstances of the case, the court could order a new trial, issue a revised judgment, or take other appropriate action. If the motion is denied, the party can still appeal the original judgment to a higher court.

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What is a motion to set aside a judgment in an insurance litigation case?

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