Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was in fact the second such application brought by Lloyd’s. The first application was ultimately unsuccessful as Justice McGrath concluded that although the Plaintiff’s delay to that point was both inordinate and inexcusable, Lloyd’s was not prejudiced by the delay.

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