What is a motion for reconsideration in an insurance litigation case?
A motion for reconsideration in an insurance litigation case is an appeal filed by either the plaintiff or the defendant to request that the court reconsider an earlier ruling, order or judgment. The motion must identify which ruling, order or judgment the party wishes to be reconsidered, as well as why the party believes the court’s ruling was wrong. In order to have the motion heard, it must show that new legal or factual arguments or evidence has emerged since the court’s original ruling. In New York, if a motion for reconsideration is granted, the court may reconsider the ruling, order or judgment and make the necessary changes. However, courts are very reluctant to hear a motion for reconsideration, as the same issue has been already considered and discussed. Therefore, it is essential that all evidence and arguments listed in the motion are comprehensive, well written and of sufficient supporting evidence. In order to ensure that a motion for reconsideration is as comprehensive and compelling as possible, it is best to consult with an experienced insurance litigation lawyer. In New York, a lawyer can help outline the necessary steps to take in filing a motion as well as review documents and evidence to ensure that all pertinent information is included. In addition, an experienced lawyer can advise on the best legal strategy for winning the motion and represent their client in court.
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