A court in the Western District of Texas granted the insured’s Motion to Lift Default and Motion to File a Late Answer. In granting the motion to lift default, the court found that the default was not willful because the insurer did not retain counsel until after the answer deadline had passed, and the plaintiff would not be prejudiced by setting aside the default. The court also granted the motion to file a late answer and extended the deadline to respond, concluding that the delay was the result of excusable neglect after weighing the relevant factors, including prejudice, length of delay, reason for the delay, and good faith.
