FOLLOW US

America December 27, 2022 4 mins read

Insurer Asks 9th Circ. To Overturn Default Entered in Favor of Health Care Provider

America ı By Samuel Lopez

0 Comments

Untitled

This is the case of PacificSource Health Plans v. Atlantic Specialty Insurance Company, in the U.S. Court of Appeals for the Ninth Circuit.

On Thursday, PacificSource Health advocated for the Ninth Circuit to uphold the default judgment in a lawsuit requesting coverage under its managed care errors and omissions, or E&O, policy for expenses it incurred responding to an injunction requiring it to send notice to class members of an underlying class action lawsuit.

Although the insurer is currently covering PacificSource's legal defense costs in the class action under a reservation of rights, it has maintained that class notification costs should not be covered.

PacificSource told the circuit court, that the Montana federal judge that granted the default acted reasonably because the insurer failed to respond to the complaint.

Attorneys for PacificSource argued that Montana federal judge Brian Morris did not abuse his discretion by rejecting the insurer's motion to set aside a default judgment, which was entered after the insurer failed to respond to the health care provider's complaint, which the insurer claims were a result of a claims-handling mishap.

According to the brief filed by PacificSource in the circuit court, it contends that the only way the insurer can succeed at overturning the default judgment on appeal is by showing that Judge Morris' findings were "illogical, implausible, or unsupported by the record," which the health care provider says the insurer has not done.

"Atlantic Specialty Insurance Company has not even attempted to establish that the district court's determinations are illogical, implausible, or lack support in the record," PacificSource wrote in its brief. "ASIC merely suggests that the district court could have reached different conclusions."

In August 2021, PacificSource filed suit against ASIC in Montana federal court, seeking coverage for expenses it incurred responding to an injunction related to an underlying class action lawsuit.

Montana federal Judge Brian Morris entered a default judgment against the insurer in May 2022, after the insurer failed to respond to PacificSource's civil complaint. ASIC subsequently filed a motion to set aside the default, but Judge Morris denied the request. Judge Morris found that ASIC's failure to appear was not the result of excusable neglect and that the insurer failed to present a "meritorious defense" of its coverage position.

In its opening appellate brief, the insurer told the circuit court that it did not respond to PacificSource's complaint in a timely manner due to the fact that the summons and complaint were delivered to the wrong internal unit after the insurer's registered agent received the documents. In its defense, the insurer called it a "simple, unfortunate clerical mistake." It argued its actions were not in bad faith or intentional misconduct which is the requirement needed to sustain a default judgment.

PacificSource hit back saying ASIC's failure to respond was not the result of one clerical mistake but a string of blunders that were allowed to continue because the insurer did not have any quality control procedures in place.

PacificSource argued that "Courts often uphold default judgments when the defendant has only made a careless clerical mistake, and in this case, ASIC committed far more than a single clerical mistake."

ASIC shot back by casting doubt on the health care provider’s motives, telling the circuit court that despite attorneys for both sides being in constant communication with each other regarding the underlying class action lawsuit, attorneys for PacificSource oddly failed to mention the present coverage suit until after they obtained a default judgment.

PacificSource is represented by Raphael J.C. Graybill of Graybill Law Firm PC and by Martha Sheehy of Sheehy Law Firm, who told the circuit court that it's under no obligation to provide ASIC with that type of informal notice.

 

 

 

 

 

 

Previous Article

Woman Pardoned After Surviving Human Trafficking For Over 20 Years

Read More
1803 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 14, 2026
BloodHound Q50 Killing Exposes Chaotic Ambush at Chicago Gas Station
By – Tyler Brooks
America September 14, 2026
Bamboo Insurance IPO Eyes $3.24 Billion Valuation in Bold Market Bet
By – Rihem Akkouche
America September 14, 2026
Abbott $384M Settlement Closes Chapter on Tainted Formula Scandal
By – Rihem Akkouche
America September 14, 2026
Bob Mackie Death Ends an Era of Sequins and Showbiz Glamour
By – Rihem Akkouche
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate a Year of Romance
By – Jackie Allen
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 14, 2026
AI Safety Warnings Mount. Trump Calls…

WASHINGTON — President Donald Trump dismissed growing AI safety warnings…

By – Michallie Harrison
America September 13, 2026
Lawyers Clash Over 12.5% Cut of…

Key Takeaways Class attorneys behind the $2.8 billion Blue Cross…

By – Samuel Lopez
America September 13, 2026
AI Whistleblowers:  Warnings  Coming From Inside…

AI Whistleblowers are increasingly sounding the alarm about the speed…

By – Jackie Allen
America September 13, 2026
New Mexico Lawyer Fined $5,000 After…

Key Takeaways A New Mexico defense attorney was held in…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
China Expands Legal Reach Abroad as…

3 Key Takeaways China is expanding laws that can reach…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 13, 2026
In-House Attorneys’ Group Takes Rival to…

Key Takeaways The Association of Corporate Counsel has filed suit…

By – Samuel Lopez
America September 12, 2026
Duke University Ends Reginaldo Howard Scholarship…

DURHAM, N.C. — Duke University has discontinued a decades-old merit…

By – Jackie Allen
America September 12, 2026
Bali Tourist Deported and Banned for…

A Bali vacation ended with an Australian tourist being deported…

By – Jackie Allen
America September 11, 2026
$LAPTOP Meme Coin Crashes After Hunter…

Hunter Biden’s $LAPTOP cryptocurrency suffered a dramatic collapse shortly after…

By – Jackie Allen
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 13, 2026
DOJ Uses Alien Terrorist Removal Court…

Key Takeaways The Justice Department has completed the first removal in…

By – Samuel Lopez
America September 11, 2026
Open Secure AI Alliance Forms as…

The Open Secure AI Alliance has brought together a broad…

By – Jackie Allen
America September 11, 2026
Skywatcher: ExoMoon Discovery May Reveal First…

An ExoMoon discovery may have given astronomers their first confirmed…

By – Jackie Allen
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 11, 2026
Josh Hawley Opens OpenAI Investigation Over…

Key Takeaways Josh Hawley is demanding answers and internal records…

By – Samuel Lopez
America September 11, 2026
Congress Has Seen the Evidence on…

Key Takeaways Lawmakers with security clearances, including Rep. Nancy Mace,…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 10, 2026
Anthropic Says It Caught Scientists Trying…

Key Takeaways Anthropic’s newest threat intelligence report details five case…

By – Samuel Lopez
America September 10, 2026
Wrongful Death Lawsuit Against Energy Drink…

Key takeaways The latest reported order paused the family’s lawsuit…

By – Samuel Lopez
America September 9, 2026
Ambient AI Could Be the Next…

Key Takeaways Ambient AI can turn conversations into draft records,…

By – Samuel Lopez
America September 5, 2026
Georgian National Indicted in Money Laundering…

By Samuel López | USA Herald A federal grand jury…

By – Samuel Lopez
America September 1, 2026
DOJ Drops Hammer On Kansas School…

By Samuel López | USA Herald The U.S. Department of…

By – Samuel Lopez
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez
America September 2, 2026
Clippers Fined $30M as NBA Drops…

A year-long investigation just landed on the Los Angeles Clippers…

By – Rihem Akkouche
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter