County Commission of Wood County v. Hanson

This is an appeal by Ohio Casualty and Insurance Company (hereinafter referred to as “Ohio Casualty” or “the appellant”) from a final order of the Circuit Court of Wood County dated December 21, 1990, which denied Ohio Casualty’s motion for relief from a default judgment. The appellant contends that it is entitled to relief from the default judgment under Rule 60(b) of the West Virginia Rules of Civil Procedure. We agree with the contentions of the appellant and hereby reverse the decision of the Circuit Court of Wood County.

I

On June 7, 1989, Stephen F. Hanson, d/b/a Hanson Excavating,…