Anderson v. Occidental Life Ins. Co. of California, 82-5893
| Decision Date | 06 March 1984 |
| Docket Number | No. 82-5893,82-5893 |
| Parties | Lydia B. ANDERSON, Plaintiff-Appellant, v. OCCIDENTAL LIFE INSURANCE CO. OF CALIFORNIA, a corporation, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Stephen W. Berger, Newport Beach, Cal., for plaintiff-appellant.
James R. Sullivan, Los Angeles, Cal., for defendant-appellee.
Appeal from the United States District Court for the Central District of California.
Before GOODWIN and ANDERSON, Circuit Judges, and CROCKER *, District Judge.
Lydia Anderson appeals from a judgment dismissing her claim for negligent infliction of mental anguish by an insurance carrier. We affirm.
In February 1981, Anderson submitted Medicare claims to Occidental Life Insurance Company, a Medicare carrier by contract with the United States Department of Health and Human Services. In May 1981, Occidental mailed her a check in satisfaction of her claim. She never received the check. It was returned by the post office with the notation "deceased" on the envelope. Occidental reprogrammed its computer and addressed subsequent communications to the "deceased" or to her "estate."
Despite letters from Anderson, her doctor, and her attorney attesting that she was alive and unhappy at being deemed deceased, Occidental did not correct its error until October 1981.
Anderson's attorney prepared a damage claim for five months of anguish and sought to negotiate a settlement. When that failed, Anderson filed an action in Orange County Superior Court for violation of California Insurance Code Sec. 790.03, intentional infliction of emotional distress, negligent infliction of emotional distress and negligence.
The United States government answered Anderson's complaint on the theory that it was the real party in interest because of Occidental's contract with the government to be a Medicare carrier. The United States Attorney caused the case to be removed to the United States District Court for the Central District of California pursuant to 28 U.S.C. Sec. 1442(a)(1). The government then moved either for dismissal or for summary judgment on the ground that Anderson's case was barred by sovereign immunity. Anderson moved to have the case remanded to state court. The district court denied Anderson's motion and dismissed the case for lack of subject matter jurisdiction.
If the United States is not the real party in interest, Anderson is prohibited from bringing this appeal because it was not filed within 30 days. Fed.R.App.P. 4(a)(1). If the United States is the real party in interest, Anderson has no claim because of the doctrine of sovereign immunity.
The United States is the real party in interest in actions...
To continue reading
Request your trial
-
Brooks v. Blue Cross and Blue Shield of Florida, Inc.
...to the extent that the government is exposed to financial risk. Support for this interpretation can be found in Anderson v. Occidental Life Ins. Co., 727 F.2d 855 (9th Cir.1984) in which the Ninth Circuit, relying on the Peterson cases and Matranga, held that a Medicare fiscal intermediary ......
-
Pani v. Empire Blue Cross Blue Shield
...entitled to sovereign immunity only to the extent that government is exposed to financial risk); Anderson v. Occidental Life Ins. Co., 727 F.2d 855, 856-57 (9th Cir.1984) (per curiam) (claim for negligent infliction of mental anguish by medicare carrier barred by sovereign immunity); Matran......
-
Fac, Inc. v. Cooperativa De Seguros De Vida
...be governmental agents for immunity purposes." Bushman v. Seiler, 755 F.2d 653, 655 (8th Cir.1985) (citing Anderson v. Occidental Life Ins. Co., 727 F.2d 855, 856 (9th Cir. 1984); Matranga v. Travelers Ins. Co., 563 F.2d 677 (5th Cir.1977); Peterson v. Weinberger, 508 F.2d 45, 51-52 (5th Ci......
-
Campo v. Kennedy
...See Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67, 74 (2nd Cir.1998) (citing provision); Anderson v. Occidental Life Ins. Co., 727 F.2d 855, 856 (9th Cir.1984) (per curiam) (referencing provision); Pine View Gardens, Inc. v. Mut. of Omaha Ins. Co. 485 F.2d 1073, 1074-75 (D.C.Cir.1973) ......