Spencer Y. Kook

Spencer 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.

Mr. Kook also regularly represents insurers and other industry actors in administrative hearings before the Department of Insurance in dealing with prior approval rate applications, notices of noncompliance, orders to show cause, 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 and argued in connection with 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., 164 Cal. App. 4th 105 (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).