Hard to believe it is now Friday. On Wednesday, I saw Dr H. She is in her new offices which have a distinct Herman Munster dungeon quality. She feels the building is making her sick.
All last night I sat on the levee and moaned. Not precisely true but it certainly feels that way. Have been working to give myself an education in law. What took place on Monday is referred to as a default judgment. The insurer provided evidence of service. I failed to respond to this notice. This failure to respond entitles the respondent to claim a default. My defence, which I have not yet had an opportunity to submit, is that the insurer used an address for service which is not the address commonly used for me.
What is now apparent to me is that the insurer was aware of this outcome and this is the primary reason they made no response to my discovery request or to any other item I presented to the Tribunal. From the insurer’s perspective I was a dead man walking. I simply did not yet understand this fact.
I have spent the past two or three days writing a motion for a summary judgment maxim omnia praesumuntur contra spoliatorem. Don’t know if this will work. The law is very interesting for the multiple avenues it offers to arrive at the same position. The insurer sought to behead me on Monday. I have found legal means to fight on without my head. At some point the levee breaks and the insurer becomes inundated. Maybe they will move to Chicago.