We granted defendant Powell interlocutory appeal from the trial court's denial of her motion to open and set aside default in this negligence action by Eskins stemming from an automobile collision between the parties in which Eskins was allegedly injured.

Jones began an investigation of the circumstances surrounding the incident and discovered that a question existed as to whether liability insurance was in force at the time of the mishap. By error and oversight, Allstate did not forward the delivered summons and complaint to defense counsel in Atlanta until August 19.

On August 23, defense counsel filed an "Entry of Appearance by Counsel, Notification that Defendant Places Damages in Issue and Demand for a Jury Trial by a Twelve Person Jury." Then after determining the reason for the default, on September 27 Powell filed responsive pleadings and a motion to open and set aside the default pursuant to OCGA 9-11-55 (b), supported by the affidavits of her mother and Jones. Prior to filing defensive pleadings, defendant paid the court costs as certified October 7.

After a hearing on November 29 the trial court denied the motion to open and set aside the default.

OCGA 9-11-55 (b) "allows a prejudgment default to be opened on one of three grounds if four conditions are met. The three grounds are: (1) providential cause, (2) excusable neglect, and (3) proper case; the four conditions are: (1) showing made under oath, (2) offer to plead instanter, (3) announcement of ready to proceed with trial, and (4) setting up a meritorious defense. [Cits.]" Muscogee Realty Dev. Corp. v. Jefferson Co., 252 Ga. 400, 401 (314 SE2d 199) (1984).

Powell met the four conditions. The filed appearance, as required by Uniform State Court Rule 4.2, indicated that Powell was ready to plead and proceed with adjudication of the case, court costs were paid, and a meritorious defense was set up. The remaining question was whether or not the facts made out a case for opening default under the statute.

Elevator Corp. v. Smyrna Hosp., 182 Ga. App. 886 (357 SE2d 322) (1987), where the neglect was the defendant's and not the insurer's.

Moreover, the law favors reaching the merits of disputes. Houston v. Lowes of Savannah, 136 Ga. App. 781, 785 (2) (222 SE2d 209) (1975).

The uncontroverted evidence demanded a finding of excusable neglect and, in consequence, the grant of Powell's motion to open default.