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James Hazlehurst

James Hazlehurst

Barger & Wolen


Latest Publications

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Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more

5/7/2013 - Criminal Defense Criminal Prosecution Liability Insurance

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

4/17/2013 - Attorney's Fees ERISA McCutchen v. U.S. Airways SCOTUS Third-Party U.S. Airways

SCOTUS Declines Review in Case Allowing Health Care Provider to Pursue State Law Misrepresentation Claims Against ERISA Health...

The United States Supreme Court recently denied certiorari in a Fifth Circuit case, United Healthcare Insurance Co. v. Access Mediquip LLC, that allowed a health care provider to pursue state law misrepresentation claims...more

3/1/2013 - Access Mediquip LLC Beneficiaries Employer Group Health Plans ERISA Health Insurance Medical Devices Misrepresentation Preemption SCOTUS United Healthcare Insurance Co.

Approval Slated for $73 Million Settlement of Life Insurance Class Action Alleging Unlawful Rate Increase

United States District Judge Howard Matz of the Central District of California indicated yesterday that he would preliminarily approve a proposed $73 million settlement of a class action lawsuit against Conseco Life Insurance...more

3/1/2013 - Class Action Conesco Life Insurance Company Insurance Rates Life Insurance Settlement

Recovery From Dissolved Corporation's Liability Insurer Barred By Foreign Survival Statute

The recent case of Greb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending against actions brought...more

2/27/2013 - Dissolution Foreign Jurisdictions Greb v Diamond International Corp Statute of Limitations Survival Statute

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