Even When Defendant Fails to Appear Getting a Default Judgment is Hard

0
4K

Hard Work Pays and Default Judgment Entered for Failure to Pay Additional Premium

Read the full article at https://www.linkedin.com/pulse/even-when-insured-fails-defend-suit-difficult-obtain-barry and at https://zalma.com/blog plus more than 3900 posts. 

Starr Underwriting Agency, Inc., (“Starr”), sued S A S Services Group, Inc. (“S A S”) alleging one claim for breach of contract for failure to pay additional premium on Workers’ Compensation Premium after audit. In Starr Underwriting Agency, Inc. v. S A S Services Group, Inc., No. 2:21-cv-02622-CAS(JPRx), United States District Court, C.D. California (September 20, 2021).

ZALMA OPINION

When a defendant fails to respond to a suit seeking damages he, she or it basically admits the allegations of the complaint. Courts, when asked to enter a judgment on default, even when it is as obvious was the failure of S A S to pay the premium it promised to pay when it acquired the workers’ compensation policy, are wary of default judgments. Starr, to collect, was required to jump through multiple hoops to get the demand of the complaint and the damages requested. S A S probably hoped it would be too difficult to get a judgment and saved the attorneys fees to fight a suit that it clearly owed. Insurers, like those represented by Starr should never allow a premium default to go by the wayside.

Sponsorizzato

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Cerca
Categorie
Leggi tutto
Altre informazioni
CEO Used Money From Company & Its Insurers to Defend Criminal Conduct
Conviction of Wire Fraud Requires Defendant to Repay Funds Advanced by Employer and...
By Barry Zalma 2024-08-09 14:03:14 0 1K
Literature
New Insurance Book: "The Examination Under Oath"
The Most Effective Tool Available to Insurers to Defeat Attempts at Insurance Fraud & to...
By Barry Zalma 2022-04-06 16:48:19 0 6K
Altre informazioni
Declaratory Relief Action Remains in Federal Court
Federal Court Retains Jurisdiction on Insurance Coverage Issue Read the full article at...
By Barry Zalma 2022-01-26 13:57:42 0 4K
Altre informazioni
Plaintiff Only Gets One Bite of the Apple
When You Sue & Lose You Can’t Sue the Same Defendants Again   Read the full...
By Barry Zalma 2022-10-21 12:35:38 0 3K
Altre informazioni
Covid-19 Is Not Direct Physical Damage
A Difficult Case Does Not Require Courts To Set Aside Common Sense Read the full article at...
By Barry Zalma 2020-11-04 13:30:15 0 4K