· 1/19/1994
Hunt v. Kling Motor Co.
Citations
- 841 F. Supp. 1098
- 28 Fed. R. Serv. 3d 832
- 1994 U.S. Dist. LEXIS 576
- 1993 WL 544523
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Kansas requires an insurer to demonstrate substantial prejudice from lack of notice before it may be relieved of liability
- insurer prejudiced from lack of notice of suit, no opportunity to appear, defend action on liability, cross-examine witnesses, present its own evidence
- \absolutely no showing that [insurer] would have been able to set aside the default judgment which appears to be valid in all respects\
- insurer could not do the foregoing things because default judgment was entered before it received notice of the action
- insurer prejudiced from lack of notice of suit, no opportunity to appear, defend against liability, cross-examine witnesses, or present its own evidence
- “there is absolutely no showing that … Universal standing in the shoes of its insured, would have been able to set aside the default judgment….”
Source: CourtListener parenthetical corpus (CC0).
Judges: Earl E. O'Connor
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.