Farm Family Mutual Insurance v. Thorn Lumber Co.

STARCHER, Justice:

This appeal from the Circuit Court of Berkeley County arises from the entry of a default judgment against the defendant-appellant, Farmer Boy AG, Inc. (“Farmer Boy”), pursuant to West Virginia Rules of Civil Procedure Rule 55 [1959]. 1 The plain tiff, Farm Family Mutual Insurance Company (“Farm' Family Mutual”), brought a subrogation action against Farmer Boy asserting that Farmer Boy’s negligence had resulted in a loss to an insured of Farm Family Mutual. The appeal focuses on whether the circuit court abused its discretion in refusing to set aside a default judgment in…