Respondent urges court to affirm denial of vacatur, citing lack of evidence and equities

Responding counsel for VP told the panel there was "no reason to reverse in this case under any standard, let alone the abuse of discretion standard that applies in this matter." Counsel emphasized that the insurer had communicated uncertainty about coverage and that the record lacked the insurance policy and follow-up evidence showing the insurer would defend.

The respondent argued the trial court evaluated the facts repeatedly and that communications disclosed on reconsideration showed AmTrust did not agree to defend and instead told Greystar to take steps to protect itself. Counsel said that late disclosure of those communications "made it worse for them" and supported the trial court's decision to deny vacatur.