Penn Nat’l Mut. Casualty Ins. Co. v. Phillips

An insurance company started an action in subrogation after paying its insured for injuries suffered in a car crash caused by the defendant. A default judgment was entered, and, on appeal, the Pennsylvania Superior Court dealt with the defendant’s petition to strike or open the default judgment. At issue was attention to detail: a misspelled state abbreviation on an affidavit of service filed by the insurance company, a missing ten-day notice, and a mix-up as to the defendant’s address. The Court found dispositive that the insurance company failed to attach either the ten-day notice or certification that they sent written notice of their intention to file a praecipe for default judgment. As such, the Court ruled that the petition to strike the default judgment should be granted.

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