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PENNSYLVANIA RECORD

Friday, April 19, 2024

Progressive Insurance wins default judgment against allegedly at-fault motorist

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PHILADELPHIA – Subsequent to a lack of response, a prominent insurance provider has won a default judgment in a legal action it brought against a local motorist it believed was liable for vehicular damages sustained by one of its policyholders.

Per a praecipe for entry of default judgment filed by plaintiff counsel Michael J. Dougherty on Sept. 14, it said that defendant Marcus Holland failed to file an answer to the instant complaint in the legally-required time period – and that he was liable for payment of costs totaling $17,301.22.

Dougherty later filed a certification of that same default judgment on April 11.

Progressive Specialty Insurance of Mayfield Heights, Ohio initially filed suit in the Philadelphia County Court of Common Pleas on June 20, 2017 versus Holland, of Philadelphia.

Progressive said it issued an insurance policy to an unnamed insured, when, on March 6, 2016, Holland was supposedly the cause of a motor vehicle collision at the intersection of 50th Street and Spruce Street, in Philadelphia.

Progressive alleged Holland failed to have his motor vehicle under proper control, traveled too fast for the roadway conditions and was generally negligent under the circumstances, among other charges.

“As a direct and proximate result of defendant’s negligence, the plaintiff’s insured vehicle sustained property damage and/or incurred rental charges in the total amount of $17,301.22. Pursuant to the insurance policy issued by plaintiff and as a result of the aforesaid payment, plaintiff became subrogated to the claim of its insured against defendant,” the lawsuit stated.

In accordance with the prior issuance of the default judgment, Progressive was seeking $17,301.22, plus interest and costs in this matter.

The plaintiff is represented by Benjamin W. Lawrence and Dougherty of Weltman, Weinberg & Reis Co., in Philadelphia.

The defendant did not secure legal representation, per court records.

Philadelphia County Court of Common Pleas case 170602111

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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