Test to Determine ''Excusable Neglect''
In Colley v. Bazell (1980), 64 Ohio St.2d 243, 416 N.E.2d 605, the Supreme Court of Ohio set forth the following test to determine whether a particular defendant's actions in relying on his or her notification of his or her insurance carrier constitute "excusable neglect." Colley v. Bazell, 64 Ohio St.2d at 249.
The factors are:
(1) whether the defendant promptly notified the insurance carrier regarding the complaint;
(2) the lapse of time between the date the answer was due and the date the default judgment was entered; (3) the amount of the default judgment;
(4) the degree of the defendant's legal experience.