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Dedicated to providing regular (well, as regular as our workload permits) updates concerning legal and regulatory events impacting the regulation of the business of insurance in the State of California with a particular focus upon the property and casualty and workers' compensation lines.

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This journal is for general informational purposes only.  By using this journal, you agree that the information herein does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any of the authors or guest contributors of this journal and/or Barger & Wolen LLP.  This journal should not be considered a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information herein may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed throughout this journal are the opinions of the individual author and/or contributor and do not necessarily reflect the opinions of any other author, contributor or any attorney of Barger & Wolen LLP.

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kook_spencer.jpgSpencer Kook is a partner in the Los Angeles office of Barger & Wolen LLP. Mr. Kook has extensive experience in defending against class actions and challenges brought under California's Unfair Competition Act and Consumer Legal Remedies Act. He has also represented clients on a wide variety of issues, including contract disputes, false advertising, premium and commission disputes, RICO, wage and hour litigation, and attorney fee disputes in both state and federal courts as well as in arbitrations.

Mr. Kook also regularly represents insurers and other industry actors in the administrative context before the Department of Insurance in dealing with rate hearings, noncompliance proceedings, order to show cause hearings, licensing matters and cease and desist orders. He also provides counsel on regulatory compliance issues, including those concerning claims handling and underwriting practices, special investigation unit regulations, rate and ratemaking issues, vehicle service contract regulation, and broker-agency issues.

Mr. Kook has also substantially contributed to a number of important California Appellate opinions affecting the insurance industry in California, including, but not limited to:

  • State of California ex rel. Linda Nee v. Unumprovident Corporation, 140 Cal. App. 4th 442 (2006) (holding that a qui tam action under Insurance Code § 1871.7 is inapplicable to an insurer's claims handling and marketing practices);
  • Farmers Insurance Exchange v. Superior Court, 137 Cal. App. 4th 842 (2006)(holding that California Insurance Code § 1861.10(a) does not provide standing to bringing a private right of action for violations of Proposition 103); and
  • State ex rel. Metz v. Farmers Group, Inc., 156 Cal.App.4th 1063 (2007) (affirming dismissal of qui tam action brought pursuant to Insurance Code § 1871.7);
  • Medina v. Safe-Guard Products International, Inc., ___ Cal. App. 4th ___ (4th App. Dist, June 19, 2008) (affirming dismissal of class action brought under the Unfair Competition Law against defendant for alleged unlicensed sale of vehicle service contracts and other insurance products).

Mr. Kook is admitted to practice before state and federal courts in the State of California.

Spencer Y. Kook, Esq. at Barger & Wolen LLP, 633 West Fifth Street, 47th Floor, Los Angeles, California 90071, (213) 680-2800, skook@bargerwolen.com.