Misty Murray handles a diverse range of insurance and investment-related litigation issues in both state and federal courts. She has litigated hundreds of cases and is involved in all phases of the litigation process. Ms. Murray counsels and defends companies, insurance agencies and individual agents in matters of unfair competition, class actions, insurance bad faith, coverage disputes, ERISA benefit claims and breach of fiduciary duty, agent and broker-dealer liability, breach of fiduciary duty, suitability, insurance-related investment products and health care provider disputes, as well as FINRA disputes.
Ms. Murray joined Hinshaw & Culbertson LLP in October 2014 as a result of the merger of Hinshaw and the Los Angeles-based firm of Barger & Wolen LLP, where she had practiced since 1998.
- The State Bar of California, Member
- Los Angeles County Bar Association, Member
A selection of Ms. Murray's representative matters includes:
- Successfully defending life, health and disability insurers from bad faith claims and punitive damage awards.
- Successfully defending insurance companies and welfare benefit plans in claims for ERISA benefits and breach of fiduciary duties under ERISA in individual cases and class actions.
- Defeating class certification on behalf of life, health and disability companies sued for unfair business practices and other violations of California law.
- Successfully defending insurers in STOLI and IOLI cases from claims of fraud, unfair business practices and other consumer violations.
- Successfully defending FINRA claims brought against broker-dealers from claims of fraud, unsuitability, and breach of fiduciary duty.
- Dorfman v. Mass. Cas. Ins. Co., 2015 U.S. Dist. LEXIS 156796 (C.D. Cal. 2015)
- Mony Life Ins. Co. v. Marzocchi, 857 F. Supp. 2d 993 (E.D. Cal. 2012)
- Mony Life Ins. Co. v. Marzocchi, No. CIV S-10-2935 KJM CKD, 2012 U.S. Dist. LEXIS 49048 (E.D. Cal. April 6, 2012)
- Hake v. MassMutual, 2011 U.S. Dist. Lexis 87584 (D. Nev. 2011)
- Kaldenbach v. United Of Omaha Ins. Co., 178 Cal. App. 4th 830 (2009)
- Sgro v. Danone Waters of North America, 532 F.3d 940 (9th Cir 2008), 44 Employee Benefits Cas. 1225, 08 Cal. Daily Op. Serv. 8424, 2008 Daily Journal D.A.R. 10,214, C.A.9 (Cal.), July 02, 2008 (NO. 06-55916)
- Ticconi v. Blue Shield of California Life & Health Ins. Co., 160 Cal. App. 4th 528 (2008)
- Monarch Life Ins. Co. v. Selby, NO. SACV 05-248 JVS (MLGx), 2008 U.S. Dist. LEXIS 84182 (S.D. Cal. January 4, 2008)
- Fid. & Guar. Life Ins. Co. v. Albertson, No. 07cv00045 BTM(LSP), 2007 U.S. Dist. LEXIS 87209 (S.D. Cal. November 26, 2007)
- Finnell v. Equitable Life Assur. Soc’y, No. Civ. S-07-0129 RRB GGH, 2007 U.S. Dist. LEXIS 85355 (E.D. Cal. November 16, 2007)
J.D., magna cum laude, Southwestern University School of Law, 1998
- Lead Articles Editor, Southwestern Law Review
B.A., George Washington University, 1990
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California