Park Corp. v. Lexington Insurance

812 F.2d 894, 7 Fed. R. Serv. 3d 315
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 3, 1987
DocketNo. 86-1061
StatusPublished
Cited by1 cases

This text of 812 F.2d 894 (Park Corp. v. Lexington Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Park Corp. v. Lexington Insurance, 812 F.2d 894, 7 Fed. R. Serv. 3d 315 (4th Cir. 1987).

Opinions

ERVIN, Circuit Judge:

Defendant Lexington Insurance Company (“Lexington”) appeals from the district court’s denial of its motion for relief from a default judgment under Fed.R.Civ.P. 60(b). Finding no abuse of discretion in the proceedings below, we affirm the district court’s denial of Lexington’s motion.

Lexington was one of three insurance companies providing insurance coverage to Park Corporation (“Park”), the plaintiff in this case, at the time that Park was sued in a personal injury action in Missouri. At the time of the personal injury suit, Park was covered by two policies of insurance issued by United States Fidelity & Guaranty Company (“USF & G”), which provided $300,000 primary liability coverage and $5 million first tier excess liability coverage, respectively. One policy issued by Pine Top Insurance (“Pine Top”) provided second tier excess liability coverage of $5 million to Park. Lexington, the third insurer, issued a policy providing Park with third tier excess liability coverage of $10 million.

When the personal injury suit was filed against Park, USF & G agreed to defend against the plaintiff’s claim for compensatory damages but refused to defend against the plaintiff’s claim for punitive and exemplary damages. The compensatory damages claim resulted in a verdict for the personal injury plaintiff of $6 million. Park entered into a settlement of the punitive and exemplary damages claim with the plaintiff. In exchange for the plaintiff’s covenant not to sue for punitive or exemplary damages, Park agreed to pay the plaintiff a lump sum of $100,000 plus $1,000 per month for the rest of his life. Park estimates the total value of this structured settlement to be about $500,000.

Park filed suit against the three insurers seeking the following relief: (1) a declaration that the insurance policies issued by the three insurers provided coverage to Park for the punitive and exemplary damages claim of the plaintiff in the personal injury suit; and (2) judgment against the three insurers in an amount sufficient to reimburse Park for its expenses and settlement obligations arising out of the punitive and exemplary damages claim. USF & G and Pine Top answered Park’s complaint. Lexington, however, did not respond to the complaint, although it was served with process. Accordingly, pursuant to Park’s motion, the district court entered a default judgment against Lexington in the amount of $429,066.95 on July 26,1985. Lexington learned of the default judgment on December 5, 1985 and moved the district court for relief from the judgment on December 20, pursuant to Fed.R.Civ.P. 60(b)(1) and (6). The grounds for Lexington’s motion were that the default judgment had resulted from Lexington’s mistake, inadvertence, surprise or excusable neglect, or from other reasons justifying relief from the judgment. The district court denied Lexington’s motion.

In reviewing the district court’s denial of Lexington’s motions for relief from the de[896]*896fault judgment, we are mindful that “[t]he disposition of motions under Rule 60(b) ordinarily is a matter within the discretion of the district court which will not be disturbed on appeal absent a showing of abuse of that discretion.” Werner v. Carbo, 731 F.2d 204, 206 (4th Cir.1984). Accord Square Construction Co. v. Washington Metropolitan Area Transit Authority, 657 F.2d 68, 71 (4th Cir.1981); Central Operating Co. v. Utility Workers of America, 491 F.2d 245, 252 (4th Cir.1974). As we have stated in previous cases, in order to obtain relief from a judgment under Rule 60(b), a moving party must show that his motion is timely, that he has a meritorious defense to the action, and that the opposing party would not be unfairly prejudiced by having the judgment set aside. If the moving party makes such a showing, he must then satisfy one or more of the six grounds for relief set forth in Rule 60(b) in order to obtain relief from the judgment. See, e.g., Werner, 731 F.2d at 206-07; Compton v. Alton Steamship Co., 608 F.2d 96, 102 (4th Cir.1979).

In this case, there is no question that Lexington’s motion for relief from the default judgment was timely. All motions under Rule 60(b) must be made within a reasonable time, and motions under Rule 60(b)(1) must be made within one year of the date of entry of the judgment from which relief is sought. In this case, Lexington filed its motion for relief under Rule 60(b) within five months of the date the default judgment was entered and within fifteen days of the date that it learned of the judgment.

It is equally clear to us that Lexington could assert a meritorious defense to Park’s claims. Lexington is a third tier excess liability insurer for. Park. The underlying insurance coverage provided to Park by USF & G and Pine Top amounts to a total of $10.3 million of coverage. Park’s total liability from the personal injury action amounted to only $6.5 million; thus, as Lexington points out, Park has not incurred sufficient losses to exhaust the total of the first and second tier liability coverage provided by USF & G and Pine Top. Lexington contends that as Park's third tier excess liability insurer, it cannot be held liable for any part of the losses Park sustained in the personal injury suit until the underlying insurance coverage provided by USF & G and Pine Top has been exhausted. This would have been a meritorious defense if Lexington had asserted it in a timely fashion.

The question whether Park would be unfairly prejudiced by having the default judgment against Lexington set aside is less clear. In its brief, Park pointed to no possible prejudice that could result from having the judgment set aside. At oral argument, however, counsel for Park stated that Park would be prejudiced if the judgment against Lexington were vacated. Park’s counsel stated that Pine Top has become insolvent and gone into receivership; thus, if the default judgment against Lexington were set aside, it would be difficult for Park to recover its losses resulting from the personal injury suit from the remaining insurers.

The most compelling reason, however, why we must affirm the district court’s denial of Lexington’s motion to set aside the default judgment is that Lexington has failed to demonstrate any of the grounds for relief set forth in Rule 60(b). Although Lexington claims it is entitled to relief under Rule 60(b)(1) and (6), we must agree with the district court that Lexington has not specified any facts or circumstances that would justify relief under either of those sections.

In order to obtain relief from a judgment under Rule 60(b)(1), a party must show the existence of mistake, inadvertence, surprise or excusable neglect as a ground for relief. As we have stated, a party seeking relief from a default judgment under Rule 60(b)(1) must show not only that he has a meritorious defense, but also “that he had an acceptable excuse for lapsing into default....” Central Operating Co., 491 F.2d at 252; see also 11 C. Wright & A. Miller,

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Park Corporation v. Lexington Insurance Company
812 F.2d 894 (Fourth Circuit, 1987)

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Bluebook (online)
812 F.2d 894, 7 Fed. R. Serv. 3d 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-corp-v-lexington-insurance-ca4-1987.