Legal Topics

Insurance — Personal injury protection — Confession of judgment — Retraction 

Aug 25th, 2023 in by admin

Insurance — Personal injury protection — Confession of judgment — Retraction — Insurer’s original notice of confession of judgment to all claims asserted in complaint operated as equivalent of judgment on both breach of contract action and declaratory relief claim — Insurer’s subsequent attempt to file amended notice purporting to retract the confession as to declaratory relief claim is rejected — Insurer cannot unilaterally alter confession of judgment without leave of court — Even if insurer had filed motion for leave to retract confession of judgment, it has not presented any viable justification to authorize retraction of original notice of confession on count for declaratory relief