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Richard G. De La Mora

Richard De La Mora is a partner in the firm’s Los Angeles office, and has been with the firm since 1987. Mr. De La Mora is a business litigator, specializing in the trial, arbitration and appeal of disputes involving insurance rates, insurance regulation, reinsurance and health care issues.  Mr. De La Mora also serves as chairman of the Firm’s management committee.

Mr. De La Mora is admitted to practice before the United States District Court for the Northern, Central and Southern Districts of California, and the Ninth Circuit Court of Appeals. He is the author of the “Property Casualty Insurance Ratemaking and Rate Regulation” chapter of the LexisNexis California Insurance Law and Practice Guide.

Representative Proposition 103 Rate Roll-Back Proceedings

  • In the Matter of the Rate Rollback Liability of Century-National Insurance Company; DOI File No. RB-94-0015-00
  • Century-National Insurance Company v. Low; San Francisco Superior Court Case No. 999087 – Petition for Writ of Mandate granted overturning $21.5 million rollback order
  • Century-National Insurance Company v. Poizner; Sacramento Superior Court Case No. 34-2010-80000697 – Petition for Writ of Mandate challenging $9.4 million rollback order (pending)
  • In the Matter of the Rate Rollback Liability of Fremont Indemnity Company; DOI File No. RB-95-0086-00
  • Fremont Indemnity Company and Comstock Insurance Company v. Quackenbush; San Francisco Superior Court Case No. 999086 – Petition for Writ of Mandate challenging rollback order


Representative Proposition 103 Prior Approval Rate Proceedings

  • In the Matter of the Rates of GeoVera Insurance Company; DOI File No. PA-2007-00008 – earthquake rates
  • In the Matter of the Rate Application of First National Insurance Company of America and SAFECO Insurance Company of Illinois; DOI File No. PA-04041210 – earthquake rates
  • In the Matter of the Rates, Rating Plans, or Rating Systems of SAFECO Insurance Company of America; DOI File No. PA - 06093080 – homeowners rates
  • In the Matter of the Rates of SAFECO Insurance Company of America, SAFECO Insurance Company of Illinois, and First National Insurance Company of America; DOI File No. PA-2009-00016 – homeowners rates
  • In the Matter of the Rates of Progressive Choice Insurance Company; DOI File No. PA-2008-00020 (09934.028) – private passenger automobile rates
  • In the Matter of the Rate Applications of Progressive Advanced Insurance Company, Progressive West Insurance Company; PA-2011-00009 – private passenger automobile class plan

Other Proposition 103 Litigation Matters

  • Calfarm Ins. Co. v. Deukmejian, 48 Cal. 3d 805 (1989) - upholding challenges to certain provisions of Proposition 103 including unconstitutional limitation on confiscation variance
  • Econ. Empowerment Found. v. Quackenbush, 57 Cal. App. 4th 677 (1997) - affirming dismissal of consumer advocate’s action to collect fees against insurer in Proposition 103 rate hearings
  • Farmers Ins. Exchange v. Superior Court, 137 Cal. App. 4th 842 (2006) - overturning creation of private right of action for violation of Proposition 103
  • Zalewski v. Progressive West Insurance Company, et al.; Alameda Superior Court Case No. HG05198384 - class action challenging use of portable persistency discounts
  • Axen v. 21st Century Insurance Company; Alameda Superior Court Case No. HG05198386 - class action challenging use of portable persistency discounts

Other Administrative Proceedings

  • In the Matter of Progressive Choice Insurance Company, et al.; DOI File No. UPA 04041584-A/OAH No. N2005050515 - administrative action regarding claims settlement practices

Representative Unfair Business Practice and Class Action Cases

  • Newell v. Allstate Insurance Company, Farmers Home Mutual Insurance Company, et al.; Los Angeles Superior Court Case No. BC234898 - Class action challenging Northridge earthquake related claims settlement practices resolved at pleading stage and upheld on appeal, Court of Appeal Case No. B157114
  • Ketchedjian, et al. v. Farmers Group, Inc., et al.; Los Angeles Superior Court Case No. BC234898 - Class action challenging Northridge earthquake related claims settlement practices resolved at pleading stage and upheld on appeal, Court of Appeal Case No. B178567

Representative Health Care Litigation

  • Representation of health plan in successful prosecution of counter claim based on hospital system’s implementation of chargemaster increases without notice
  • Representation of health plan in complex actions regarding fair compensation for non-contracted services provided by hospitals and other health care providers
  • Representation of health plan in successful defense of complex action involving breach of contract claims related to chargemaster increases

Education

  • University of Southern California School of Law, J.D., 1985
  • University of California, Santa Barbara, B.A., Economics, 1980

Articles & Publications

  • Interrelationship Between the Insurance and Financial Services Industries, California Insurance Law & Practice (Matthew Bender 1993)
  • Multiple Occurrences in Professional Malpractice Policies, Professional Liability Today (Lloyds of London Press 1990)
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