State Farm Insurance Company v. Jean Brijlal and Roy Brijlal

Reasons for Decision

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Civil procedure — Judgments and orders — Default judgment — Setting aside — Defence on the merits — Noting in default — Reasonable excuse for default — Motion by defendant to set aside the noting in default and the default judgment on the grounds that she had not been served with the statement of claim dismissed — The record clearly showed that the defendant had been served — Further, there were no facts that constituted a reasonable, or even plausible, defence on the merits.

Motion by Brijlal for an order to set aside the noting in default and the default judgment on the grounds that she had not been served with the statement of claim — HELD: Motion dismissed — There was no merit to the motion — The record showed that Brijlal was served with both the statement of claim and the judgment against her and had not provided a reasonable or credible explanation for her default — Any steps taken by Brijlal in an attempt to settle the matter were singularly lacking in diligence — Finally, there were no facts that constituted a reasonable, or even plausible, defence on the merits.

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Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Insurance Updates

Reference Info:Decision | State, D.C. Circuit, D.C. | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pamela Pengelley, Cozen O'Connor | Attorney Advertising

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