Washington Federal Savings & Loan Ass'n v. Transamerica Premier Insurance

WALTERS, Chief Judge.

In this case we decide whether the district court erred when it granted a motion under I.R.C.P. 60(b)(1) to set a aside a default and default judgment, when the “excusable neglect” presented as the grounds for the motion was based on a mistake of law. We hold that the district court abused its discretion by granting the motion. Therefore, we vacate the order and reinstate the default judgment. Our decision necessarily requires us to vacate a subsequent order granting summary judgment.

Background

Transamerica Premier Insurance Company (Transamerica) issued a fire insurance…