Aspen American Insurance v. Crowe

Salinger, Kenneth W., J.

Aspen American Insurance argues for the first time in a postjudgment motion for reconsideration that it had a constitutional right to have a jury assess damages after Thomas Crowe was defaulted for not answering the complaint. This motion is unavailing. Aspen had no such right to a jury. But even if it did, Aspen would have waived that right when it chose to proceed with a non-juiy damages assessment hearing. A party cannot agree to try a matter to a judge and then demand a do-over before a jury if its evidence does not persuade the court.

Final judgment awarding Aspen…