Shell Ferris v. Progressive Casualty Insurance. Company

Syllabus

The defendant, Progressive Casualty Insurance Company, sought review on certiorari of from an order of the Superior Court denying its motion to vacate entry of default. Before the Court, the defendant contended that the hearing justice erred in denying its motion because, it maintained, there was good cause to set aside the entry of default. The Supreme Court discerned no error with the hearing justice's conclusion that the defendant failed to present sufficient evidence of the circumstances excusing its failure to plead or otherwise defend the claim. The Supreme Court held that the hearing justice provided the defendant with every opportunity to show good cause to justify vacating the entry of default, and she did not abuse her discretion in denying the defendant's motion. The Supreme Court therefore affirmed the order of the Superior Court.