Spencer Y. Kook

Spencer Kook is a litigation and insurance regulatory partner in the Los Angeles office of Barger & Wolen. Mr. Kook’s practice primarily centers on class action and unfair business practice defense, business tort litigation and insurance regulatory defense. 

Mr. Kook regularly defends companies in class actions and challenges brought under California’s Unfair Competition Law and false advertising laws. A substantial portion of his practice also involves the handling of contract and business tort litigation, including fraud, negligence, and interferences with contractual or economic relations.

Mr. Kook also represents companies in a wide variety of insurance related actions involving disputes over coverage, bad-faith, premiums and commissions, policy rescission and cancellation, broker-agent conduct, and attorney fees. 

Mr. Kook also has substantial regulatory experience representing companies in connection with market conduct examinations and regulatory proceedings, such as prior approval rate proceedings, notices of noncompliance, orders to show cause, and licensing proceedings and providing regulatory compliance counsel.  He also appears before and/or negotiates with regulators regarding approvals, proposed regulations, and other adverse actions against entities regulated by the California Department of Insurance.

Recent matters in which Mr. Kook has served as legal counsel include:

• Representing company in attorney fee dispute where law firm sought a million dollars in fees and damages, which was resolved to client’s satisfaction for small fraction of demand.
• Representing physicians and private corporations in defense against claims of defamation, breach of contract and fiduciary duty, conspiracy, extortion and interference claims arising from acrimonious partnership dissolution.
• Representing vehicle service contract and deficiency waiver provider against series of class actions concerning false advertising and breach of contract, which were resolved by decision on merits, defeat of class certification motion and informal resolution on behalf of individual based upon successful motion practice.
• Successfully prosecuting breach of contract and fraud litigation against individual defendants and alter-ego company for recovery of converted funds and unearned commissions owed to company.
• Representing and resolving to client’s satisfaction nationwide class action challenging handling of total loss claims.
• Representing client seeking recovery of restitution and consequential damages arising from negligent consulting services.
• Representing carriers in noncompliance and order to show cause proceedings where California Department of Insurance seeks substantial penalties and suspension of certificate.
• Successfully prosecuting actions seeking recovery of premiums in context of loss-sensitive workers compensation policies.
• Successfully disposing of series of class actions challenging offset and reimbursement rights concerning medical coverage benefits.
• Representing carrier in nationwide class action regarding failure to pay “diminished value” loss arising from damaged vehicles.
• Representing and resolving to clients’ satisfaction overtime and unpaid-break wage and hour class actions.
• Representing company and resolved without payment of damages class action arising from alleged “steering” and termination of auto body repair shop from company’s “preferred” group of shops.
• Representing company against representative unfair business practices action for alleged use of illegal and undisclosed contingent commissions, which was resolved without payment.
• Representing numerous companies in class and representative actions challenging underwriting and rating practices; such as challenges to alleged use of unapproved rating factors and/or guidelines, improper eligibility rules, and charging of allegedly illegal premium and/or improper fees and charges.