Vechery v. McCabe

Layton, J.:

The application to open and vacate this judgment is based on Rule 60(b) of the Civil Rules of the Superior Court Del. C. Ann. which, insofar as material here, reads as follows:

“On motion and upon such terms as are just, the court may relieve a party * * * from a final judgment * * * for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; * *

Here we have a party, himself in the insurance business, who receives a letter from a lawyer making some form of demand upon him as the result of an automobile accident and who promptly forwards this demand to his…