National Grange Mutual Insurance v. Walsh

The defendant appeals from a default judgment for the plaintiff of $243,193.53. Brought on June 7, 1984, this action sought damages for the defendant’s failure to indemnify *156the plaintiff in accordance with an agreement of indemnity. No answer or appearance was filed on behalf of the defendant. On January 22, 1985, the plaintiff filed a request for a default,2 and on March 12, 1985, a default pursuant to Mass.R.Civ.P. 55(a), 365 Mass. 822 (1974), was entered. More than two years and eight months thereafter, on or about December 2, 1987, a judge of the Superior Court, sua sponte, assigned the…