Continental Assurance Co. v. Sickels

Plaintiffs-appellees filed suit against defendant-appellant to recover benefits allegedly due under a contract of insurance. Upon appellant’s failure to appear and defend this cause of action, a default judgment was entered against the defendant-appellant. Upon learning of the entry of the default judgment in plaintiff-appellees’ favor, appellant filed a complaint to set aside said default judgment, alleging therein excusable neglect in addition to a .proper defense to the cause of action, i.e., termination of the appellant’s obligation to pay under the .contract provisions prior to the date…