Berkshire Life Insurance Company of America v. Reilly, Tom

Filing 14

DEFAULT JUDGMENT entered in favor of Plaintiff Berkshire Life Insurance Company of America and against Defendant Tom Reilly. (WMC/PAO) (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
BERICSHIRE LIFE INSURANCE
COMPANY OF AMERICA,
Plaintiff,
Case No. l 7-cv-410-wmc

V.

TOM REILLY,
Defendant.

DEFAULT JUDGMENT

The Defendant, Tom Reilly, having failed to appear, plead or otherwise defend in this
action, and default having been entered on August 3, 2017, and counsel for Plaintiff having
requested judgment against the defaulted Defendant and having filed a proper motion and
Affidavit in accordance with Federal Rule of Civil Procedure 55 (a) and (b);
Judgment is hereby entered in favor of Plaintiff Berkshire Life Insurance Company of
America and against Defendant Tom Reilly as follows:
1. Policy Nos. Z3145890 and Z9737500 are rescinded due to material

misrepresentations in the application.
2. Policy Nos. Z3145890 and Z9737500 are set aside, cancelled and rendered null and
void and of no effect, and Berkshire Life Insurance Company of America has no
obligation or liability under those policies other than to refund the premiums paid.
3. Defendant Tom Reilly is ordered to pay statutory costs to plaintiff, including costs
incurred by Reilly's failure to waive service under Federal Rule of Civil Procedure 4(d),

but is otherwise relieved of further obligation or liability with respect to the subject
matter of plaintiffs complaint.
Plus interest on the judgment at the legal rate until the judgment is satisfied.

~s-6day of September, 2017.

Approved as to form this (}<,

Peter Oppeneer
Clerk of Court

Date