FOLLOW US

Tue

August 25, 2026

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
1713 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 August 21, 2026
Cook Medical Data Breach Suit Alleges…

Some data breaches happen quietly, discovered only in retrospect. This…

By – Rihem Akkouche
America August 21, 2026
Boy Left on Mount Fuji Alone…

Picture a school essay titled “How I Spent My Summer…

By – Rihem Akkouche
America August 21, 2026
Publix Blueberry Recall Escalates to FDA’s…

A carton of frozen berries sitting quietly in a freezer…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
Breaking News August 21, 2026
Tyler Duckworth, ‘The Challenge’ Champion, Dies…

 The two-time MTV winner had been in front of an…

By – Ramzi Salem
High Profile Court Cases August 21, 2026
Alex Jones’ $45M Punitive Award Cut…

AUSTIN, Texas — The Texas Third Court of Appeals cut…

By – Michallie Harrison
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Comcast $117.5M Settlement Clears Final Hurdle…

A data breach that touched more than 31 million lives…

By – Rihem Akkouche
America August 20, 2026
Mitsubishi Electric to Acquire PCI Energy…

Mitsubishi Electric Corp. just planted a much bigger flag in…

By – Rihem Akkouche
America August 20, 2026
ISIS New York Capitol Attack Plot…

A plan authorities describe as both deliberate and deeply dangerous…

By – Rihem Akkouche
America August 20, 2026
KKR’s $9B UGI Bid Headlines a…

Wall Street’s rumor mill never really sleeps, but this week…

By – Rihem Akkouche
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 18, 2026
Penn State Cocaine Ring Used Pledges,…

HARRISBURG, Pa. — Fourteen people face charges in an alleged…

By – Michallie Harrison
America August 18, 2026
Homewrecker Lawsuit Puts North Carolina’s Rare…

Former Sen. Kyrsten Sinema is at the center of a…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter