Tuesday, November 11, 2014

Notice Not Necessary to Defaulted Discharged Debtor when Actually Acting Against Insurer

Weakly-Hoyt v. Foster, No. F067626 (D5 Oct. 21, 2014)

When a plaintiff seeks to recover against an insurance policy held by a bankrupt defendant, in order to obtain a default judgment, the plaintiff is only required to serve the insurer, not the defendant, with a statement of damages under Code of Civil Procedure § 425.11. Because a defendant whose debts have been discharged in bankruptcy faces no potential liability, that defendant can’t object to the default on the grounds of insufficient notice. Affirmed.

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