Shannen Doherty claims her former financial management company impersonated her in order to access her insurance information after she accused the firm of failing to pay her insurance premiums, which allegedly led to her breast cancer spreading.
The motion, filed on Monday, alleges that Kimberly Gabay, who works for Doherty’s manager Tia Boyd at Tanner Mainstain management company, called Doherty’s insurance carrier “and falsely identified herself as Ms. Doherty in an unauthorized effort to obtain [Doherty’s] confidential medical information for use by Tanner Mainstain in this litigation.”
PEOPLE obtained a recording of a July 8 phone call to the Screen Actor’s Guild health plan that court documents allege was made by Gabay. In the recording, a woman identifies herself as Doherty and gives Doherty’s birth date and phone number as verification. The woman, alleged to be Gabay, attempt to find out where a previous billing statement was mailed.
This request would have helped to prove Tanner Mainstain never received the statement and therefore it was not their fault Doherty’s insurance premium was not paid, court papers allege.
Tanner Mainstain’s attorney, Randall Dean, confirmed to PEOPLE that the the firm’s employees made the calls – but denied that they were trying to impersonate Doherty or obtain her medical information.
“Tanner Mainstain never sought Ms. Doherty s confidential medical information from SAG. Before the lawsuit was even filed and as the tapes clearly indicate, they merely sought information regarding where a SAG invoice was mailed,” according to a statement.
“The motion filed by her attorneys is a diversion and has nothing to do with the merits of the case. When the whole truth comes out, Tanner Mainstain is confident it will be vindicated in the court of law, where this case belongs.”[soundcloud url="https://api.soundcloud.com/tracks/237581115" params="color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false" width="100%" height="166" iframe="true" /]
PEOPLE also obtained a recording of another call to the SAG health plan later that day. Court documents alleged Boyde made the second call. Although she doesn’t impersonate Doherty in the call, the caller does use the actress’ social security number as verification and successfully obtains the requested billing information.[soundcloud url="https://api.soundcloud.com/tracks/237581349" params="color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false" width="100%" height="166" iframe="true" /]
“The illicit conduct by Tanner Mainstain’s employees detailed in this motion speaks volumes regarding the integrity and credibility of this business management firm – something to think about when they ask you for complete control over your finances and a power of attorney,” Doherty’s attorney Devin McRae told The Hollywood Reporter.
Doherty, 44, revealed she has breast cancer exclusively to PEOPLE in August after legal documents surfaced on TMZ that showed the Beverly Hills, 90210 actress was suing Tanner Mainstain for failing to pay her insurance premiums and allowing her health insurance to lapse, during which time she did not receive medical care.
According to the lawsuit, upon diagnosis Doherty “was informed that her cancer has spread during 2014 (when she was uninsured)” and also learned that, “had she been insured and able to visit her doctor, the cancer could potentially have been stopped, thus obviating the need for future treatment (including mastectomy and chemotherapy) that [Doherty] will likely have to suffer through now.”
At the time of her announcement, however, Tanner Mainstain issued a statement to PEOPLE saying that although the company was saddened to hear Doherty’s diagnosis, “the claim that Tanner Mainstain caused her to be uninsured, prevented her from seeking medical care, or somehow contributed to her cancer is patently false. Tanner Mainstain will aggressively defend all of Ms. Doherty’s claims in court.”
• With reporting by LANFORD BEARD