Negligence Law Part a In Term Paper

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This being the case, the liability insurance company will pass the suit to their attorney, who will then be responsible for filling a written answer.

The next phase in the litigation process will be a series of discovery, where each side will be given the opportunity to research the case by asking each other questions and demanding specified documents. Based on this gathered information, the liability insurance company again will reevaluate the case, deciding whether it is a case that they should continue to defend or one they should attempt to settle outside of court.

As said before, because there is a legitimate question as to Gielle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action do to it lacking any debatable issue of fact. Monty will have a time to respond to the Motion.

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After the judge receives all the moving papers, he or she will issue an opinion.

In the case at hand the judge will most likely grant the liability insurance company's Motion for Default judgment. Because Monty cannot prove all the necessary elements of negligence, as listed in Part a of this memo, there is no issue to try. That being the case, the action will be dismissed and the liability insurance company will not be required to pay Monty any amount in damages......

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"Negligence Law Part A In" (2007, May 06) Retrieved May 17, 2024, from
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