Rhonda C. Lucas v. Peter J. Warhol and Progressive Direct Insurance Company

Summary

The court held that the district court properly extended the time for service because the plaintiff’s diligent efforts and the defendant’s homelessness constituted good cause, even though the record did not support a finding that the defendant evaded service. It held that serving the defendant’s insurer-appointed attorney was not a constitutionally adequate alternative because there was no evidence of contact between the attorney and defendant, and the plaintiff’s later personal service should be treated as timely. The court affirmed in part, reversed in part, and remanded with instructions concerning filing proof of service and the time for the defendant to respond.