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However, if an appellate court enters an order requiring a new trial, then the insurer would have a duty to defend.

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However, provisions relating to setting aside a default judgment should be liberally construed so litigants have the opportunity to get a case disposed of on the merits.

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Rather, it requires the determination of a collateral issue: whether the attorney has abused the judicial process, and, if so, what sanction would be appropriate.

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In my view, the key inquiry is merely whether the materials submitted to the trial court reflect, in any way, that a contest on the merits might render different results than the result reached by the default judgment.

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At the close of the hearing, the court may make a decision and tell you then whether your motion will be granted.

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The district court granted those motions in part and denied in part; the Fourth Circuit Court of Appeals affirmed in part, dismissed in part, reversed in part, and remanded for further proceedings.

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For a variety of reasons, the insured sometimes fails to give the insurer prompt notice and a default judgment is entered against the insured before the insurer gets involved.*

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E For good cause shown the court may set aside a default or a default judgment in accordance with Rule 12 Motion and Affidavit to Proceed In Forma.

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Pension Fund remained the named party, and both the conduct challenged and the claim against Penske remained the same.

Appellants clearly failed to file an answer within thirty days of service of the summons and complaint upon them and they were technically in default.*

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Setting Aside Default Judgment South Carolina

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A Step-by-Step Guide to Setting Aside Default Judgment South Carolina