Michael J. Hurley

U.S. District Judge Michael Hurley said he will read the reports and decide whether to turn them over to the defense.
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Hurley asked that someone from the police department come in to testify to that.

Mike Hurley
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www.hurleyburley.com - Mike Hurley

BBC Radio YorkMike HurleyMike Hurley was born at an early age on January 5th 1949 at Queen Charlotte's hospital, Hammersmith, London.

He grew up in Ruislip, Middlesex, until the family moved to Bushey Heath just outside Watford, in 1954.

Mike went to school at "The Rutts" in Bushey and "Holland House" in Edgware before passing the entrance exam to Haberdashers' Aske's prep school in Mill Hill and the senior school in Cricklewood.

The school relocated to Elstree, back in Hertfordshire, where Mike became a school prefect, the opening bowler of the cricket team and, as CSM Hurley, the head of the Combined Cadet Force.After A-levels in 1968 the choice was between a place at Sandhurst or Leeds University.Mike chose the latter and became an officer cadet in the artillery section of the TAVR. Mike Hurley

In his first year, Mike read for a General Studies degree in German, English Literature and Greek Civilisation, but he got a first in English and was offered the chance to change to a full-time English course.He graduated in 1971 with a 2i, and then went on to complete a Masters degree in Commonwealth Literature.

Mike HurleyHaving left Leeds he wrote over 150 letters to advertising agencies around the country, and the only one that offered him a job was ... the senior writer on both the Asda and Morrisons accounts, but found he didn't enjoy working in advertising agencies.

In 1975 commercial radio came to Bradford and Mike applied for, and became , the head of commercial production at Pennine Radio, where he not only wrote, but began voicing commercials.He was also invited to present the occasional radio show and was eventually asked to front the breakfast show, which won the award as the country's best breakfast show in 1979.

Meantime, Mike had formed his own company, The Creative Department, writing, producing and directing radio commercials.His biggest client was the Halifax Building Society and their radio campaigns won several international awards including a Clio, advertising's Oscar.In all Mike has won four Clios, including world's best radio copywriter, has been a judge at many awards festivals, a keynote speaker at advertising conferences and seminars around the world , and has written numerous articles in the trade press.

But the commercials voicing and radio shows were taking over.In 1981 he first presented "Hurley Burley" on Radio Aire in Leeds (the station was on Burley Road!), moving to BBC Radio Humberside in 1985.

Mike Hurley

In 1986 he won the Sony, radio's Oscar, as Local Radio Personality of the Year.The show also won the Gold award as World's Best Entertainment Programme at the Radio Festival of New York two years running.As a result of this Mike had a brief flirtation with Radio 4, as a regular guest on "Start the Week", and Radio 2 where he had his own Friday late night show.

You'll have heard Mike on numerous TV and radio commercials for many big brand advertisers and, most famously, as the old Yorkshireman on the famous Hovis TV commercials.Not bad for a Watford lad!

Mike Hurley
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Mike Hurley

A keen cricketer, Mike played for Bushey in the inaugural year of the Hertfordshire league, 1968, which they won from thirty-eight teams; he has also played for Alwoodley in the Airedale & Wharfedale League, and Bankfoot in the Bradford League.He has taken his cricket and rugby union coaching qualifications and has coached junior teams at Old Leodiensians in both sports: the rugby team made the Yorkshire final three times, only to then lose their only game of the season!

Mike is married to Annette, has a son Michael, a step-daughter Nina, two grandchildren Luise and James and lives in Carlton, just outside Selby.
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Mike HurleyHe is a Life Member of Northamptonshire CCC, a severe follower of Northampton RUFC , and belongs to many professional organisations including the Chartered Institute of Marketing, the Institute of Directors and the British Institute of Management.

A keen bus enthusiast, he has passed both his PSV and HGV licenses and relaxes by flinging his London Routemaster bus around country lanes or reading his favourite authors, George Gissing and James Jones.

Mike joined BBC Radio York in 2000 and, as at every other local radio station at which he has worked, has notched up the biggest audience of the week.

Michael Hurley, presiding judge Disability Evaluation Unit, (530) 225-3179 Information & Assistance Unit, suite 15 (530) 225-2047Rehabilitation Unit, suite 8D (530) 225-2659 SIF/UEF claims, (Sacramento, suite 355) (530) 263-2774

Van Nuys 91401-3373 6150 Van Nuys Blvd., suite 105

Hurley
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MICHAEL J. HURLEY & another. (1)
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Because we interpret the separation agreement to include the life insurance policy in existence at the time the agreement was executed but not the policy acquired after the divorce, we affirm the motion judge's rulings that Foster is entitled to equitable substitution as the beneficiary of the first policy and Hurley is entitled to retain the proceeds of the later one.
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Hurley was named the beneficiary on the Prudential policy. These two policies, totaling just under $200,000, were the only life insurance policies in existence when the deceased died on August 31, 2000. At the time of her death, both children were unemancipated under the terms of the separation agreement.

After her death, Hurley received the proceeds of both policies: approximately $168,000 from the Unum policy and $31,000 from the Prudential policy.(4) Seeking these proceeds, Foster filed suit against Hurley and the deceased's estate in the Superior Court.(5) A judge granted Foster a temporary restraining order, which required Hurley to pay the policies' proceeds to the administrator of the deceased's estate to be held in escrow. After her death, Hurley received the proceeds of both policies: approximately $168,000 from the Unum policy and $31,000 from the Prudential policy.(4) Seeking these proceeds, Foster filed suit against Hurley and the deceased's estate in the Superior Court.(5) A judge granted Foster a temporary restraining order, which required Hurley to pay the policies' proceeds to the administrator of the deceased's estate to be held in escrow.
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After the order expired, Foster's request for a preliminary injunction was denied, and the administrator returned the proceeds to Hurley. Foster then moved for partial summary judgment, and Hurley moved for judgment on the pleadings.
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The judge also issued a declaratory judgment that Hurley was entitled to the proceeds from the Prudential policy. Both parties appealed.
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Foster v. Hurley, 61 Mass App. Ct. 414, 422 (2004). We granted Hurley's application for further appellate review.

2. Availability of equitable relief. As a threshold matter, the parties dispute whether the separation agreement provides Foster with a basis to pursue an equitable remedy to recover life insurance proceeds from Hurley.
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While the inartfully drafted separation agreement here leaves the court to enforce its terms without the specific guidance of named policies,(10) the circumstances present in this case lead us to accept the motion judge's conclusion that Foster has an equitable interest in the Unum policy that is enforceable against Hurley.
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Indeed, the value of the policy was increased after the marriage (eventually rising to $168,000), and the deceased did not change beneficiaries (even after her marriage to Hurley) until eight months before her death.
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Similarly, Foster's legal interest in the Unum policy ended when the deceased named Hurley as its beneficiary. However, Foster's equitable interest in the Unum policy arises, not from his initial designation as its beneficiary, but from the independent command of the separation agreement, the circumstances of the agreement's execution, and the deceased's later failure to replace the policy with a substitute after naming Hurley as its beneficiary. Moreover, Gleed v. Noon, supra, concerned the interpretation of a temporary restraining order, which we read far more narrowly than a separation agreement, resolving all ambiguity in favor of the alleged violator. Compare Nickerson v. Dowd, 342 Mass. 462, 464 (1961) (finding of violation requires "clear and unequivocal command and an equally clear and undoubted disobedience") with Krapf v. Krapf, 439 Mass. 97, 105 (2003) (interpretation of separation agreement). The Gleed case does not require us to reject Foster's claim to the Unum policy.(11)

Having concluded that Foster was properly substituted as the beneficiary of the Unum policy and was entitled to recover the proceeds of that policy from Hurley, the motion judge imposed the requirement that Foster receive the Unum policy proceeds "acting for the benefit of his children."
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The Appeals Court found no meaningful distinction between the Unum and Prudential policies, concluding that Hurley had been unjustly enriched by both. Foster v. Hurley, 61 Mass. App.
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Foster v. Hurley, supra at 421. We disagree.

In this case, there was neither a fiduciary relationship between Hurley and Foster nor any evidence of fraud on the part of Hurley in his receipt of the proceeds of the Prudential policy.
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Nor can the deceased's specific act of naming Hurley the beneficiary of the Prudential policy stand in as the "wrongful conduct" where the agreement does not prohibit, bar, or limit the deceased from doing so. Cf. Torchia v. Torchia, 346 Pa. Super.

It is difficult to understand, State Judge Trial Referee Michael J. Hurley held, "[w]hy an experienced real estate appraiser would rely on such non-committal and vague statements in determining a property's highest and best use."Indeed, since Connecticut law requires the trier of fact to reach its own independent judgment as to value, Judge Hurley noted that it would be foolish to keep any evidence pertaining to highest and best use out of the case.Not surprisingly, the court adopted the property owner's unit value.

More important to the outcome, the court viewed the severance damage evidence most favorably for the property owner.Accepting Tilcon's claim that its loss of tunnel access would force it to employ "more costly methods of transporting materials to [its] processing plant", Judge Hurley noted that the huge hauling trucks which would have been used by Tilcon for this purpose are "too large for regular road use."Because the plaintiff was able to prove that it would have to hire smaller and more road-worthy dump trucks to move the raw materials, the court calculated the increased cost per ton for doing so, determined the anticipated yield of minable materials from the condemned site and applied the increased hauling cost to the total tonnage.It then discounted that amount to determine it present value and awarded the net result as severance damages.

Judge Hurley's opinion is a classic analysis and no doubt benefited from a well prepared and presented case for the property owner.

Tilcon Minerals, Inc. v. Commissioner of Transportation, Superior Court, Judicial District of New London, Docket No. 058636, October 20, 2000.

It is difficult to understand, State Judge Trial Referee Michael J. Hurley held, "[w]hy an experienced real estate appraiser would rely on such non-committal and vague statements in determining a property's highest and best use."Indeed, since Connecticut law requires the trier of fact to reach its own independent judgment as to value, Judge Hurley noted that it would be foolish to keep any evidence pertaining to highest and best use out of the case.Not surprisingly, the court adopted the property owner's unit value.

More important to the outcome, the court viewed the severance damage evidence most favorably for the property owner.Accepting Tilcon's claim that its loss of tunnel access would force it to employ "more costly methods of transporting materials to [its] processing plant", Judge Hurley noted that the huge hauling trucks which would have been used by Tilcon for this purpose are "too large for regular road use."Because the plaintiff was able to prove that it would have to hire smaller and more road-worthy dump trucks to move the raw materials, the court calculated the increased cost per ton for doing so, determined the anticipated yield of minable materials from the condemned site and applied the increased hauling cost to the total tonnage.It then discounted that amount to determine it present value and awarded the net result as severance damages.

Judge Hurley's opinion is a classic analysis and no doubt benefited from a well prepared and presented case for the property owner.

Tilcon Minerals, Inc. v. Commissioner of Transportation, Superior Court, Judicial District of New London, Docket No. 058636, October 20, 2000.

Upjohn had initially offered to open up its document warehouse for inspection, but Connecticut Judge Michael J. Hurley rejected that plan as "unrealistic and needlessly time-consuming, given the fact that an index and database exists that can expedite discovery and level the playing field," according to an article in the National Law Journal (July 22, 1996, page A7).