Insurance — Personal injury protection — Mootness — Confession of judgment — Medical provider’s action against insurer is moot where insurer confessed judgment by tendering check for the $500 in damages alleged in medical provider’s complaint plus interest — No merit to provider’s argument that controversy remains regarding correctness of insurer’s calculation of interest — Interest is category of damages that is necessarily included in provider’s $500 claim — If interest is not an element of damages, calculation of interest is a ministerial task that would not impede entry of confessed judgment — Motion to amend complaint to allege higher amount of damages is denied — Allowing an amendment which was sought solely to escape insurer’s confession of judgment would prejudice insurer
Legal Topics
Insurance — Personal injury protection — Mootness — Confession of judgment
Feb 05th, 2023 in by admin