Claim: Plaintiffs sued Intact for non-payment of a fire loss claim related to a motorhome, seeking damages for the motorhome, financial loss, and psychological harm. Intact denied the claim due to alleged misrepresentations and the fire being an "incendiary act."
Service Dispute: McNair claimed he served the pleadings on February 20, 2024, while Intact claimed service was on February 27, 2024.
Default Noting: Despite receiving communication from Intact’s lawyer, Jaime Wilson, requesting more time to file a defense, McNair noted Intact in default on March 25, 2024, without prior notice.
Defense Filed: Intact served its statement of defense and counterclaim on March 28, 2024, but was noted in default.
Court Decision:
Default Set Aside: The court found McNair’s action of noting Intact in default without notice inappropriate. The court considered the minor delay in serving the defense inconsequential and found no significant prejudice to the plaintiffs from setting aside the default.
Costs: McNair was ordered to pay Intact $839 in costs for the motion.
Conclusion:
Intact was given 30 days to file its statement of defense, counterclaim, and jury notice.
The decision emphasizes the need for communication and fairness in litigation, with the court exercising discretion to manage defaults equitably.
