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Default Set Aside Followed by Summary Judgment in Favor of Insured

Michael DaughertyJNV 1


Michael Daugherty and Joel Varnell received an order granting the setting aside of a default against the insured; thereafter, they were successful in having the court grant summary judgment. In its order the court agreed that the plaintiff’s complaint was not timely filed and declined to allow the application of C.R.C.P. 15(c), relation back amendment, to the original filing date of the complaint. Plaintiff alleged over $200,000 in medical expenses, future wage loss and a mild TBI.