James Hazlehurst

James Hazlehurst

Barger & Wolen

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You Can Plan On The Plan: United States Supreme Court Rejects Invitation To Rewrite Plan Terms In Heimeshoff v. Hartford Life &...

On December 16, the United States Supreme Court issued its opinion in Heimeshoff v. Hartford Life & Accident Insurance Company. The unanimous decision, which was written by Justice Clarence Thomas, affirmed the Second...more

12/19/2013 - ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. SCOTUS Statute of Limitations

SCOTUS Unlikely to Reject Three-Year Limit for Filing Lawsuit in ERISA Disability Claim

The transcript from this morning’s oral argument at the United States Supreme Court reflects that a majority of justices seem poised to uphold an ERISA plan provision imposing a three-year limit for claimants to file their...more

10/16/2013 - Disability ERISA Proof of Loss SCOTUS Statute of Limitations

Accrual of Statute of Limitations for ERISA Disability Claim to be heard by SCOTUS

On October 15, 2013, the United States Supreme Court will conduct oral argument in Heimeshoff v. Hartford Life & Accident Ins. Co., et al., addressing the accrual of the statute of limitations for judicial review of an...more

10/15/2013 - Adverse Employment Action Disability Disability Benefits ERISA SCOTUS Statute of Limitations

Don't Forget To Select Your Arbitrator

In HM DG, Inc. v. Amini, the California Court of Appeal for the Second Appellate District held that an arbitration clause was enforceable even though it did not specify the agency to arbitrate the dispute or otherwise provide...more

9/25/2013 - Arbitration Arbitrators

The Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For ERISA Fiduciaries

Earlier this week, the Ninth Circuit Court of Appeals ruled in Harris v. Amgen that an ERISA pension plan fiduciary is not protected from liability under the “presumption of prudence” for company stock investments where the...more

6/10/2013 - Employee Benefits ERISA Fiduciary Duty Pensions Prescription Drugs Stocks

Oppression and Surprise Render Arbitration Provision Unenforceable

In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that the arbitration...more

6/10/2013 - Arbitration Arbitration Agreements Contract Drafting Contract Formation Unconscionable Contracts

Insurer Has No Duty To Verify Accuracy of Insurance Application Representations

In American Way Cellular, Inc. v. Travelers Property Casualty Company of America, issued May 30, 2013, the California Court of Appeal for the Second Appellate District reaffirmed that insurers are not obligated to investigate...more

6/3/2013 - Brokers Insurers Investigations Misrepresentation Safety Precautions Summary Judgment Verification Requirements

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 US 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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