Background
Wesco Insurance Company sued Martins Drywall, LLC, alleging that it had issued workers’ compensation and employer’s liability policies for three coverage periods. Wesco alleged that final audits produced unpaid premiums totaling $65,298 and attached the invoices to its complaint.
Martins Drywall obtained an extension to plead but filed no responsive pleading. The clerk entered a default for failure to plead on February 16, 2024. Seven days later, Wesco moved for judgment, supported by an affidavit of debt, and the trial court entered judgment for $65,724.63, including costs, plus 6 percent postjudgment interest. Martins Drywall moved to reargue, contending that Practice Book § 17-32 (b) required Wesco to wait fifteen days after default before seeking judgment.
The Court’s Holding
The Appellate Court affirmed. It held that Practice Book § 17-33 (b), rather than the general fifteen-day waiting rule in § 17-32 (b), governed because Wesco brought a contract action seeking liquidated damages.
The claimed debt was liquidated: the invoices identified fixed amounts for each policy period, Wesco had repeatedly demanded payment, and the total could be determined from the parties’ records. Section 17-33 (b) permits judgment in any contract action involving liquidated damages when the plaintiff moves for judgment and submits the required affidavit and attachments; it contains no fifteen-day waiting period. The court also concluded that the trial court did not abuse its discretion in denying reargument.
Key Takeaways
- A defaulted defendant’s liability is established, although damages may still require determination.
- The fifteen-day waiting period in Practice Book § 17-32 (b) does not apply to contract actions with liquidated damages governed by § 17-33 (b).
- Unpaid invoices can establish liquidated damages when they state precise amounts known to the defendant and are readily calculable.
Why It Matters
The decision confirms that § 17-33 (b) is not confined to foreclosure, summary process, or promissory-note cases. In a contract collection case involving an ascertainable debt, a plaintiff may seek judgment immediately after default if it supplies the required evidentiary materials.