Strategies, Challenges, and Answers

Default Is Not Necessarily Defeat

It’s bound to happen eventually.  A lawsuit gets filed.  The insured is served with a summons and complaint.  But rather than notifying the carrier, the insured defendant does NOTHING.  Under Nevada law, if a defendant does not file an appearance within 20 days after service, the non-answering defendant is in default.  See N.R.C.P. 12(a)(1).  Fortunately all is not lost. Defaults are governed by N.R.C.P. 55 which reads:RULE 55.  DEFAULT (a) Entry.  When a party against whom a judgment … [Read more...]