People: Kay J. Hazelwood, Senior Counsel

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Kay J. Hazelwood

Senior Counsel

Houston
Direct: (713) 238-1897
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Kay Hazelwood is Senior Counsel in the Commercial Litigation Department of Seyfarth Shaw LLP.  During her practice, Kay has advised and represented companies and individuals in a broad range of commercial litigation matters in the energy, banking, insurance and healthcare industry.   She has focused on successfully solving commercial disputes for clients through detailed analysis and evaluation of her clients' contracts, contractual indemnities and insurance policies.  Her practice continues to focus on complex litigation matters.
Kay Hazelwood is Senior Counsel in the Commercial Litigation Department of Seyfarth Shaw LLP.  During her practice, Kay has advised and represented companies and individuals in a broad range of commercial litigation matters in the energy, banking, insurance and healthcare industry.   She has focused on successfully solving commercial disputes for clients through detailed analysis and evaluation of her clients' contracts, contractual indemnities and insurance policies.  Her practice continues to focus on complex litigation matters.

Education

  • J.D., South Texas College of Law (1985)
    magna cum laude, Order of the Lytae
  • B.A., Trinity University (1982)

Admissions

  • Texas

Courts

  • U.S. District Courts for the Southern, Eastern and Northern District of Texas
  • U.S. District Court of the Fifth Circuit

Representative Engagements

  • Engaged in numerous suits  involving breach of share purchase agreements relating to deferred purchase payments and earn-outs.
  • Represented numerous clients in breach of contract cases, including sales representative agreements, service agreements, and other employment agreements
  • Defended natural gas processing plant in breach of contract case brought by interstate pipeline for recovery of over-payments/over-deliveries due to misreporting of custody meter.  Obtained favorable settlement.
  • Defended natural gas processing plant in breach of contract case brought by producer claiming misallocation of residue gas and plant products under Gas Gathering, Purchase and Processing Agreement.  Obtained partial summary judgment eliminating over $5 million of producer’s claims.
  • Defended natural gas processing plant in personal injury case brought by plaintiffs as a result of a flash fire explosion.  Settled favorably immediately prior to trial.
  • Represented professional service providers and healthcare management and leasing companies in various matters.
  • Represented healthcare organization in employment related disputes and other litigation matters
  • Represented OCTG distributor in breach of contract suit by supplier involving non-conforming goods. Obtained favorable settlement.
  • Represented steel plate distributor in breach of contract suit by purchaser involving nonconforming goods. Favorable settlement obtained.
  • Defended insurance agent in negligence and Deceptive Trade Practices Act suit against insured.  Settled on favorable terms.
  • Defended rig operator in arbitration against rig contractor regarding IADC (International Association of Drilling Contractors) contract and onshore drilling operations in Marcellus shale formation. Settled on favorable terms.
  • Represented energy company in a breach of contract, breach of fiduciary duty, fraud and conspiracy case involving misappropriation of confidential geological information.  Settled after a successful jury trial.
  • Represented drilling rig owner in suit to collect disputed rentals due under a long-term offshore drilling rig rental contract. Settled after it was tried to a jury for 5 days and appealed to the Court of Appeals. 
  • Represented operator of the world’s second largest coal seam gas field in dispute with non-operating working interest owners over the conduct and control of operations to explore for and produce coal bed methane in Queensland Australia.  The case settled on the eve of trial.  Authored several related appellate briefs relating to arbitrability of dispute and right to remove operator.
  • Authored mandamus brief on behalf of pipeline company seeking rescission of district court order requiring disclosure of terms and amounts of settlement entered into with owner of various working interests in oil and gas leases.
  • Defended real estate developer in a dispute over a claimed brokerage fee/interest in a transaction.  After three day trial, obtained judgment against plaintiff on client’s counterclaim.
  • Represented Savings and Loan in breach of contract case.  During pendency of the case, successfully enjoined FSLIC from foreclosing on the property. 
  • Represented lender in breach of fiduciary duty and breach of contract case. Prior to the conclusion of this case, the parties agreed to pay the bank the full amount owed and the claims by and against the bank were dismissed.
  • Represented project owner in breach of contract and wrongful termination case involving a claim by a pipeline construction contractor that it was prematurely terminated and denied the opportunity to complete the project. During the third trial of this case, the parties settled.
  •  Represented refinery in an electricity and steam co-generation construction case, involving claims against engineer for negligent design.  Obtained favorable settlement after five weeks of arbitration. 
  • Negotiated employment contract for surgical group with regional hospital in Houston and executive compensation contract for chief of department of major hospital in Houston’s medical center.  Also negotiated executive compensation contract for executive with global management group.
  • Represented reinsurer of pre-1993 liability exposures in breach of contract and bad faith suit. Shortly before the first of a series of many anticipated trials, the court granted clients’ motion for summary judgment.  
  • Regularly handled tenders for defense, indemnity and related matters for private and publicly-traded clients in the utility, construction, transportation, and energy sectors, including oil and gas exploration and production companies; drilling and mining companies; logistics, transportation, shipping  and storage companies.  This work involved analysis of contractual indemnity issues, additional insurance obligations under self-insurance and fronting arrangements, and excess coverage issues in jurisdictions across the United States.  Also assisted major insurers in responding to tenders for defense and indemnity.
  • Represented electrical contracting company in suit against excess insurers in multiple layers/towers.  Suit concluded in settlement on behalf of insured client
  • Represented insurer in coverage dispute involving the insurer’s duty to defend its insured, under a “claims-made” policy.  Both parties moved for summary judgment.  The trial court granted client’s motion and denied the insured’s motion.  The appeals court affirmed the trial court’s orders.
  • Represented insurer in a coverage dispute involving the insurer’s duty to defend its insured under a Professional Liability Errors and Omissions Insurance Policy.  This case resolved just prior to its trial setting.
  • Representedservice company in suit against insurer in dispute involving the insurer’s duty to defend and indemnify its insured and its insured’s indemnities, including service company.  The insurer denied coverage and initiated a declaratory action.  Both suits were ultimately resolved very favorably to service company.
  • Represented insurer who had issued a death benefits and disability policy to fire department.  Firm was retained to respond on behalf of insurer in litigation to determine the beneficiary of the estate of deceased fireman and policy benefits where multiple parties each claimed an interest in the policy proceeds.
  • Represented client-creditor in collection suit. Client prevailed on summary judgment and on appeal.
  • Represented son in guardianship proceedings over father and subsequent probate of father’s significant estate.