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National Casualty Co. v. KT2 LLC

Court: ND Tx  04/08/2021  Insurer's Motion for Default Judgment Denied for Risk of Inconsistent Judgments

A commercial auto liability insurer sought default judgment after one insured failed to answer and the clerk entered default, but the court denied the motion because the named insured had answered and contested insurer's claims; thus, a default judgment against one insured would risk inconsistent judgments in the case.

commercial auto liability policy, bodily injury claims, Form MCS-90 endorsement, failure to answer, entry of default, clerk's default, motion for default judgment, inconsistent judgments

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