West Bend Mutual Insurance Company v. 3RC Mechanical and Contracting Services, LLC

Court was within its discretion in vacating a default judgment entered against contractor, per Section 2-1401 petition. Defendant contractor had filed Chapter 7 bankruptcy petition less than three months prior to subrogation action filed by insurer for owner of house damaged during lifting project done by defendant. Court reasonably concluded that based on conduct of both parties, any lack of due diligence by Defendant was an excusable mistake, and Defendant was unaware of suit. Liberal standard exists for vacature under Section 2-1401 petition for relief from judgment, invoking equitable powers of the court. (FITZGERALD SMITH and EPSTEIN, concurring.)