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 document filed by one party in a lawsuit asking the court to decide the case without a trial. The motion is based on the contention that there is no genuine issue of material fact, which means that there are no unresolved factual issues in dispute and that the moving party is entitled to judgment as a matter of law. In New Hampshire, the court must consider the facts alleged in the pleadings and any other evidence submitted by the parties. If the court determines that there are no material issues of fact in dispute, the court may grant the motion for summary judgment. This means that the court has determined that the law favors the moving party and that a trial is unnecessary. When a motion for summary judgment is granted, the court will enter a judgment in favor of the moving party, and the case will be dismissed without requiring a trial. This is why such motions are favored by some litigants as they can be a quicker and more cost-effective way of resolving a dispute. Motions for summary judgment are often used in insurance litigation because the legal framework of insurance can be complex. By filing for summary judgment, parties can argue that the law is clear and that there is no need for a full trial. This can be beneficial to all involved as it can result in a quicker resolution of the dispute.

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