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 request to the court to determine that a party to an insurance dispute is entitled to judgment without having to go to trial. This motion is usually brought when one party believes that their legal arguments and the facts of the case are so strong that no reasonable jury could come to any other conclusion. In the state of Washington, a motion for summary judgment may be filed in insurance litigation cases when the evidence in the case presents no genuine issue of material fact, meaning that the facts of the case are not in dispute. The motion is used for a court to evaluate the case and make a ruling on the merits of the argument. If the court grants the motion for summary judgment in an insurance litigation case, then it is likely that the court will rule in favor of the party that has requested the motion, without the need for a trial. The party requesting the motion only needs to prove their case by a preponderance of the evidence, or that it is more likely than not that their case is true. However, if the court rejects the motion for summary judgment, then the parties involved in the insurance dispute would need to go to trial in order to resolve the dispute. The court would hear the evidence presented by each side and a jury would decide who is in the right.
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