Gallant Insurance Co. v. Toliver

Gallant was fully aware that a lawsuit had been filed by its insured against Rickelman, which judgment would be binding upon Gallant should Rickelman be uninsured: Gal*596lant’s “neglect” in failing to intervene was not “excusable” under the Condon and Carvey standards, and the trial court properly denied Gallant’s motion to set aside the default judgment. For that reason, I dissent from the majority decision setting aside the default judgment.

In the Condon and Carvey decisions upon which Gallant and the majority rely, the plaintiffs’ attorneys made affirmative misrepresentations which caused the…