· 3/12/1998
Farm Family Mutual Insurance v. Thorn Lumber Co.
Citations
- 501 S.E.2d 786
- 202 W. Va. 69
- 1998 W. Va. LEXIS 8
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that “if the damages sought by the party moving for a default judgment are for a sum certain, or an amount which can be rendered certain by calculation, no evidentiary hearing on damages is necessary”
- remanding default judgment to trial court for evidentiary hearing on damages
- \Other jurisdictions considering the term 'sum certain' have suggested that its meaning is similar to ’liquidated amount.'\
- amount insurer paid under insurance contract was not a “sum certain” because the action was based upon a negligence allegation and “[t]he amount of damages in a property damage action usually calls for jury resolution”
Source: CourtListener parenthetical corpus (CC0).
Judges: Starcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.