Richard B. Hopkins
Richard Hopkins is a partner of the Los Angeles office and has been with the firm since 1998. He specializes in complex litigation and regulatory matters, with a particular focus on health care payor/provider disputes, business practices, claims handling practices, reinsurance, trade secrets, insolvency, and inter-company disputes. He regularly represents business entities, including insurers, health plans, underwriters and holding companies in a variety of contexts, such as federal and state class actions, arbitrations, administrative hearings, regulatory investigations and market conduct examinations.
Richard’s experience includes:
- Class action litigation concerning insurer’s premium charges, including vanishing premium, DAC Tax, gap premium, reinstatement charge, cost of insurance charge, and experience rating claims.
- Class action, individual, and FINRA litigation alleging lack of suitability and deceptive sales practices, including failures to disclose, misrepresentations and and other regulatory violations in the sale of life insurance, annuity, and long term care products.
- Arbitration and litigation involving health plans and medical providers in contractual and non-contractual settings.
- Litigation in court and before FINRA arising from outside business activities and selling away by agents and registered representatives, including unauthorized sales of annuities, securities, and pension plans.
- Insurance regulatory investigations and litigation with the California Department of Insurance and California Attorney General’s Office concerning alleged claims handling, underwriting and licensing violations.
- Class action and FINRA litigation brought by agents and registered representatives over commissions, production requirements, and other aspects of their relationships with their principals.
- Extensive litigation of issues involving e-discovery in state and federal court.
- Represented health plans in proposed class action involving prescription drug benefits.
- Represented California-based underwriter and provider of ex-patriate insurance benefits in litigation involving alleged theft of business by Chinese-based subsidiary.
- Represented automobile insurers in purported class action involving Portable Persistency and Good Driver discounts.
- Represented homeowners’ insurers in purported class action alleging insurer provided “excessive” amounts of replacement cost insurance.
- Represented automobile insurers in purported class action involving alleged violations of the Fair Credit Reporting Act.
- Represented automobile dealership software company in disputes against competitor and national credit reporting agency.
- Representing runoff manager of Lloyd’s of London Syndicate in litigation and arbitration involving reinsurance of life settlement and viatical investments.
- Represented health plans on multiple occasions on issues surrounding health plans duty to pay medical providers “reasonable and customary” charges for emergency room treatment in a non-contractual environment.
- Represented the charitable foundation in the Bernard Madoff liquidation proceedings (SIPC v. Bernard L Madoff Investor Services) to establish “customer” status and entitlement to SIPC for each participant in the foundation’s investment pool.
- Represented insurers in multiple bankruptcy adversary proceedings involving claims brought by unsecured creditors.
- Represented life insurer in class actions alleging failure to pay death benefits in connection with the Armenian Genocide and Pontic Greek Genocide in the Turkish Ottoman Empire.
- Represented life insurer in private attorney general proceeding challenging its sales, rating and underwriting practices in its long term care insurance business.
- Represented life insurer in a class action brought by its senior agents/registered representatives challenging changes in production requirements and compensation.
- Represented several life insurers in private attorney general proceedings challenging their underwriting restrictions on, and rates charged to, individuals who travel to countries on the U.S State Department’s list of unsafe countries.
- Represented life insurer in class action alleging misleading marketing of and failure to pay benefits under spousal benefit riders.
- Represented several life insurer’s in separate class actions alleging unlawful “gap premium” charges.
Prior to attending law school, Richard worked as a Senior Analyst for DecisionQuest, Inc., an industry-leading trial consulting firm, where he provided consulting on a wide range of litigation matters.
- University of California, Los Angeles, J.D., 1997
Moot Court Honors Program (1995-1996)
- University of California, Los Angeles, B.A., English, with an emphasis in Business Administration, 1991
Articles & Publications
- Insolvency of Insurers
California Insurance Law and Practice - Chapter 7 (Revised) (LexisNexis Matthew Bender, August 01, 2012)
- Ninth Circuit Strikes Down California “Armenian Genocide” Insurance Claims Statute
n an 11-0 en banc published decision, the Ninth Circuit Court of Appeals struck down Movsesian v. Versicherung. (Barger & Wolen's Insurance Litigation & Regulatory Law Blog, February 24, 2012)
- Health and Disability Insurance Contract
California Insurance Law & Practice - Chapter 26 (Revised) (LexisNexis Matthew Bender, December 12, 2011)
- Interrelationships Between the Insurance and Financial Services Industries
California Insurance Law and Practice - Chapter 3A (revised) (LexisNexis Matthew Bender, May 02, 2011)
- U.S. Supreme Court Invalidates California’s Discover Bank Rule on Classwide Arbitration
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, April 28, 2011)
- The State Bar of California
- Los Angeles County Bar Association