Defaults can happen fast. In case you missed our recent webinar, here are some key points to help you stay ahead.

• A motion for default can be defeated by filing an answer before the default is entered.
• Sanction-based defaults require willful misconduct and consideration of the Kozel factors.
• Unliquidated damages (like personal injury damages or fees) require a hearing before judgment.
• Defaults can be set aside upon a showing of excusable neglect, meritorious defenses, and due diligence. Affidavits are required!
• Some defaults are void if there was no notice or proper service—these can be challenged at any time.

Tip: Insurers should immediately retain counsel upon learning of a default. Do not delay!

Whether you’re looking for claims assistance or interested in scheduling a complimentary CE for your team on this or others, we’d love to connect. Reach out to us at: info@kubickidraper.com.