Liberty Mutual Insurance v. Rapton

OPINION

HATHAWAY, Judge.

We are asked to determine whether service of the complaint was proper and, if it was proper, whether appellant should nonetheless be relieved of the default judgment against him because of mistake, inadvertence or excusable neglect. The facts giving rise to this appeal are essentially not in dispute and are briefly recounted.

Plaintiff/appellee Liberty Mutual Insurance Company filed a complaint on November 12, 1982, against appellant, alleging a breach of contract arising from the failure to pay some outstanding insurance premiums. The only major factual dispute is that…