Failure to Respond To Counterclaim is an Admission of All Allegations<\/span><\/strong><\/h3>\nPost 5085<\/strong><\/h3>\nSee the full video at https:\/\/rumble.com\/v6u04o7-plain-language-of-policy-enforced.html<\/a>\u00a0 and at https:\/\/youtu.be\/QPZIJaP3tpM<\/a><\/p>\n![\"\"](\"https:\/\/i0.wp.com\/zalma.com\/blog\/wp-content\/uploads\/2025\/05\/VACANT-HOUSE-FIRE.png?resize=586%2C330\")
<\/p>\n
In Nationwide Mutual Insurance Company v. Rebecca Massey,<\/em> Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025)\u00a0Defendant Nationwide Mutual Insurance Company\u2019s (\u201cNationwide\u201d) motion for Default Judgment against Plaintiff Rebecca Massey (\u201cPlaintiff\u201d) for failure to respond to a counterclaim and because the claim was excluded by the policy.<\/p>\nBACKGROUND<\/span> <\/strong><\/h2>\nOn February 26, 2022, Plaintiff\u2019s home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.<\/p>\n
Plaintiff filed suit and Nationwide was served. Nationwide removed this action to federal court\u00a0 and on the same day, filed an Answer and a Counterclaim that sought declaratory judgment that there was no coverage under the Nationwide Policy for the February 26, 2022 fire loss, because the home in question was left vacant or unoccupied beyond a period of 60 days prior to the loss, in breach of a condition of the insurance coverage in question.<\/p>\n
LEGAL STANDARD<\/span> <\/strong><\/h2>\nDistrict courts may enter default judgment against a properly served party under Federal Rule of Civil Procedure 55. Rule 55(a) provides for entry of default where \u201ca party against whom a judgment or affirmative relief is sought has failed to plead or otherwise defend[.]\u201d<\/p>\n
All well-pleaded facts alleged in the complaint as to liability may be taken by the court as true.<\/p>\n
DISCUSSION <\/span><\/strong><\/h2>\nNationwide filed its Counterclaim on February 26, 2025 and Plaintiff has utterly failed to respond or otherwise appear or defend against the Counterclaim.<\/p>\n
Because of silence from the Plaintiff and Counter Defendant the factual allegations in the Counterclaim were deemed admitted.\u00a0 Nationwide has sufficiently pled an action for declaratory judgment.\u00a0 The plain language of the policy provisions that there is no coverage for a fire at a house vacant and unoccupied for 60 or more days.<\/p>\n
Therefore the Court awarded Nationwide the declaratory judgment relief sought in its Counterclaim that there is no coverage under the Nationwide Policy for the February 26, 2022 fire loss. This declaratory judgment forecloses Plaintiff\u2019s breach of contract claim based on Nationwide\u2019s declination to pay under the Nationwide Policy for the February 26, 2022 fire.<\/p>\n
Nationwide was granted the declaratory judgment relief sought in its Counterclaim and the Court declares that there is no coverage under the Nationwide Policy for the February 26, 2022 fire loss, because the home in question was left vacant or unoccupied beyond a period of 60 days prior to the loss, in breach of a condition of the insurance coverage in question.<\/p>\n
It is common practice for an insurer to exclude damage to a dwelling by fire if the dwelling is vacant and unoccupied for more than 60 days because the vacancy increases the risks of loss. The Plaintiff attempted to sue the insurer hoping it would give up only to find it fought back and sued for an order that it owed nothing. By her silence Plaintiff and her counsel decided it wasn\u2019t worth their time to argue against the insurer\u2019s Counterclaim. They were right and should have just dismissed their case.<\/p>\n
![\"\"](\"https:\/\/i0.wp.com\/zalma.com\/blog\/wp-content\/uploads\/2024\/12\/BZTHEA.png?resize=300%2C282\")
(c) 2025 Barry Zalma & ClaimSchool, Inc.<\/p>\n
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.<\/p>\n
Subscribe to my substack at https:\/\/barryzalma.substack.com\/subscribe<\/a><\/p>\nGo to X @bzalma;\u00a0 Go to Barry Zalma videos at Rumble.com at https:\/\/rumble.com\/account\/content?type=all;<\/a> Go to Barry Zalma on YouTube- https:\/\/www.youtube.com\/channel\/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \u2013 <\/a>https:\/\/lnkd.in\/gwEYk<\/a><\/p>\n\nLike this:<\/h3>\n
See the full video at https:\/\/rumble.com\/v6u04o7-plain-language-of-policy-enforced.html<\/a>\u00a0 and at https:\/\/youtu.be\/QPZIJaP3tpM<\/a><\/p>\n In Nationwide Mutual Insurance Company v. Rebecca Massey,<\/em> Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025)\u00a0Defendant Nationwide Mutual Insurance Company\u2019s (\u201cNationwide\u201d) motion for Default Judgment against Plaintiff Rebecca Massey (\u201cPlaintiff\u201d) for failure to respond to a counterclaim and because the claim was excluded by the policy.<\/p>\n On February 26, 2022, Plaintiff\u2019s home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.<\/p>\n Plaintiff filed suit and Nationwide was served. Nationwide removed this action to federal court\u00a0 and on the same day, filed an Answer and a Counterclaim that sought declaratory judgment that there was no coverage under the Nationwide Policy for the February 26, 2022 fire loss, because the home in question was left vacant or unoccupied beyond a period of 60 days prior to the loss, in breach of a condition of the insurance coverage in question.<\/p>\n District courts may enter default judgment against a properly served party under Federal Rule of Civil Procedure 55. Rule 55(a) provides for entry of default where \u201ca party against whom a judgment or affirmative relief is sought has failed to plead or otherwise defend[.]\u201d<\/p>\n All well-pleaded facts alleged in the complaint as to liability may be taken by the court as true.<\/p>\n Nationwide filed its Counterclaim on February 26, 2025 and Plaintiff has utterly failed to respond or otherwise appear or defend against the Counterclaim.<\/p>\n Because of silence from the Plaintiff and Counter Defendant the factual allegations in the Counterclaim were deemed admitted.\u00a0 Nationwide has sufficiently pled an action for declaratory judgment.\u00a0 The plain language of the policy provisions that there is no coverage for a fire at a house vacant and unoccupied for 60 or more days.<\/p>\n Therefore the Court awarded Nationwide the declaratory judgment relief sought in its Counterclaim that there is no coverage under the Nationwide Policy for the February 26, 2022 fire loss. This declaratory judgment forecloses Plaintiff\u2019s breach of contract claim based on Nationwide\u2019s declination to pay under the Nationwide Policy for the February 26, 2022 fire.<\/p>\n Nationwide was granted the declaratory judgment relief sought in its Counterclaim and the Court declares that there is no coverage under the Nationwide Policy for the February 26, 2022 fire loss, because the home in question was left vacant or unoccupied beyond a period of 60 days prior to the loss, in breach of a condition of the insurance coverage in question.<\/p>\n It is common practice for an insurer to exclude damage to a dwelling by fire if the dwelling is vacant and unoccupied for more than 60 days because the vacancy increases the risks of loss. The Plaintiff attempted to sue the insurer hoping it would give up only to find it fought back and sued for an order that it owed nothing. By her silence Plaintiff and her counsel decided it wasn\u2019t worth their time to argue against the insurer\u2019s Counterclaim. They were right and should have just dismissed their case.<\/p>\n Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.<\/p>\n Subscribe to my substack at https:\/\/barryzalma.substack.com\/subscribe<\/a><\/p>\n Go to X @bzalma;\u00a0 Go to Barry Zalma videos at Rumble.com at https:\/\/rumble.com\/account\/content?type=all;<\/a> Go to Barry Zalma on YouTube- https:\/\/www.youtube.com\/channel\/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \u2013 <\/a>https:\/\/lnkd.in\/gwEYk<\/a><\/p>\n<\/p>\nBACKGROUND<\/span> <\/strong><\/h2>\n
LEGAL STANDARD<\/span> <\/strong><\/h2>\n
DISCUSSION <\/span><\/strong><\/h2>\n
(c) 2025 Barry Zalma & ClaimSchool, Inc.<\/p>\nLike this:<\/h3>\n