A. Serpa

The plaintiff brought a motion for default judgment against a defendant driver who failed to defend an action arising from a motor vehicle accident.

The co-defendant insurer opposed the motion, arguing that liability for the accident remained a live issue in the ongoing claim against it.

The court dismissed the motion, finding the evidentiary record insufficient to determine liability and noting that granting partial default judgment could lead to inconsistent findings of fact at trial.

In a motor vehicle personal injury action, the plaintiff’s underinsured insurer brought a motion compelling production of documents from the tortfeasor’s insurer, which had denied coverage based on lack of consent and alleged material misrepresentation.

The moving insurer sought underwriting materials, broker records, correspondence, and policy documentation relevant to whether the tortfeasor’s policy limits were properly reduced by operation of law.

The court held that the plaintiff and the underinsured insurer were entitled to disclosure necessary to test the tortfeasor insurer’s off‑coverage position.

Relying on appellate authority requiring proof that policy limits are reduced by operation of law, the court ordered production of specified documents from the insurer notwithstanding its status as a statutory third party.