Rogers v. Hartford Life and Accident Insurance Co.

Rogers (plaintiff), an Entergy employee, sued Hartford (defendant), his employer's disability insurer, after Hartford denied his long-term disability claim. Hartford's registered agent waived service, notified a claims examiner internally, and forwarded the complaint to Hartford's office, but the complaint never actually arrived, and Hartford took no further steps to track it down; as a result, Hartford missed the response deadline, and the district court entered a default judgment without giving Hartford notice of the default hearing. Once Hartford discovered the judgment, it moved to set it aside, arguing its failure to respond was excusable neglect and that its waiver of service constituted an appearance entitling it to notice under Rule 55. The district court denied the motion, and Hartford appealed.