Misty Murray handles a diverse range of life, health and disability insurance litigation in both state and federal courts. She has litigated hundreds of cases and is involved in all phases of the litigation process.
Misty counsels and defends insurers in matters involving unfair competition, insurance bad faith, and coverage disputes, as well as welfare benefits plans concerning ERISA benefit claims and breach of fiduciary duty. She also works with insurance agents and broker-dealers in matters involving breach of fiduciary duty, suitability, insurance-related investment products, and FINRA disputes. In addition, Misty advises insurers and managed care entities in matters involving provider contract and billing disputes, medical necessity, level of care, and coordination of benefits.
On behalf of clients, Misty has:
- Successfully defended health insurers and managed care organizations in arbitration and court actions against provider contract and billing disputes.
- Successfully defended life, health and disability insurers from bad faith claims and punitive damage awards.
- Successfully defended insurance companies and welfare benefit plans in claims for ERISA benefits and breach of fiduciary duties under ERISA in individual cases and class actions.
- Defeated class certification on behalf of life, health and disability companies sued for unfair business practices and other violations of California law.
- Successfully defended insurers in STOLI and IOLI cases from claims of fraud, unfair business practices and other consumer violations.
- Successfully defended FINRA claims brought against broker-dealers from claims of fraud, unsuitability, and breach of fiduciary duty.
Misty joined Hinshaw in October 2014 as a result of the firm's merger with Los Angeles-based Barger & Wolen LLP, where she had practiced since 1998. The former leader of the firm's Business Litigation Practice Group, Misty currently serves on Hinshaw's Executive Committee.
- Los Angeles County Bar Association
- The State Bar of California
A selection of Misty's representative matters includes:
- Bird v. Metro. Life Ins. Co., 2021 U.S. Dist. LEXIS 187280 (C.D. Cal. Sep. 29, 2021)
- Regents of the Univ. of Cal. v. Beacon Health Options, Inc., 2020 U.S. Dist. LEXIS 246683 (C.D. Cal. Sep. 10, 2020)
- Castillo v. Metro. Life Ins. Co., 970 F.3d 1224 (9th Cir. 2020)
- Bircher v. Metro. Life Ins. Co., 2020 U.S. Dist. LEXIS 87011 (C.D. Cal. May 16, 2020), affirmed by 2021 U.S. App. LEXIS 20393 (9th Cir. Cal., July 9, 2021)
- Lamb v. Transamerica Premier Life Ins. Co., 2019 U.S. Dist. LEXIS 42841 (C.D. Cal. March 14, 2019)
- Hong v. AXA Equitable Life Ins. Co., 2018 U.S. Dist. LEXIS 205336, 2018 WL 6331012 (N.D. Cal. Dec. 4, 2018)
- Laschkewitsch v. Transamerica Life Ins. Co., 714 Fed. Appx. 275 (4th Cir. 2018)
- Sanchez-Levine v. Metro. Life Ins. Co., 2017 U.S. Dist. LEXIS (C.D Cal. Sept. 26, 2017)
- Fowkes v. Metro. Life Ins. Co., 2017 U.S. Dist. LEXIS 10578 (E.D. Cal. Jan 25. 2017)
- Leonard v. MetLife Ins. Co., 645 Fed. Appx. 544 (9th Cir. 2016)
- 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)
- 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)
- October 2021
- June 2021
- Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of Termination Did Not Preclude Employee From LTD BenefitsJune 16, 2021The LHD/ERISA Advisor
- February 25, 2021The LHD/ERISA Advisor
- October 5, 2020
- Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation of Benefits by ERISA Plan AdministratorOctober 5, 2020The LHD/ERISA Advisor
- October 3, 2020The LHD/ERISA Advisor
- June 3, 2020
- January 31, 2020
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, Eastern, Northern, and Southern Districts of California