Asked in Personal Injury and Civil Litigation for California

Q: How is Kemper Ins liable for not covering default judgment of their insured? Insured failed to reply S&C after 26 days..

Def. In civil unlimited failed to respond to S&C after sheriff served. Def. Was insured by Kemper at time of PI auto collision. Def was cited for speeding in rearend accident. Kemper has stoned wall since onset of claim 2 years ago. Property damage and now PI . Filed suit prior to statute limit expiring. Believe Kemper cancelled or did not renew Def. Insurance policy after accident. As courtesy I notified Kemper of suit. But possibly Def has not notified Kemper of being served 50 days later after being located by civil processing. I will file for court default against Def. What is the best practice to proceed in presenting future losses, medical cost that are additional to come and unknown as an exact figure, loss of earnings, etc? Appreciate all experienced suggestions to advance forward with success.

1 Lawyer Answer
William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: Your prior question indicated that suit was against Kemper. If you brought suit against Kemper's insured, and gave notice to Kemper, that is another question. Kemper may have a defense to any indemnity obligation based upon coverage issues (failure to pay premiums, misrepresentations at the time that the policy was purchased, or more likely, failure of the insured to cooperate in defense of the claims). If none of those things are true and Kemper or its assigned defense attorney has just blown the response time, you might get your judgment. In that event, expect a Motion to Set Aside the Default based upon mistake.

Tim Akpinar agrees with this answer

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