Although other defendants filed responsive pleadings to plaintiff’s complaint in this declaratory judgment action, those defendants could not rely on mere dicta to prevent entry of an order on default judgment against a non-responsive defendant. Affirmance recommended.

In the fall of 2011, defendant Adler Construction Inc. was performing work at a construction project on South Howard Street in Philadelphia. At the time, Adler was insured through plaintiff Atlantic Casualty Insurance Company (ACIC).