Lexon Insurance v. County Council of Berkeley County, W. Va.

DAVIS, Justice:

In this appeal, Petitioner Lexon Insurance Co. (“Lexon”), 1 defendant below, challenges the entry of default judgment against it in an action filed by Respondents County Council of Berkeley County, West Virginia, and Berkeley County Planning Commission (collectively “Berkeley County”). Because we find that the damages sought in this ease are not a “sum certain” as required by West Virginia Rule of Civil Procedure 55(b)(1), default judgment was improperly granted under that rule. In addition, we find that default was improperly entered under the unique circumstances presented…