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Richard De La Mora focuses his practice in the representation of insurers and managed health care plans. 

Mr. De La Mora has a practice emphasis in insurance regulation and routinely represents insurers in matters involving the departments of insurance of the various states. These matters include all aspects of the insurance business, ranging from insurer formation through market conduct examinations involving insurer finances, rating, underwriting and claims handling practices.        

Mr. De La Mora also maintains an extensive insurance and managed health care-based litigation practice. To that end, he has represented clients in administrative hearings, arbitrations, civil actions, and appeals of disputes involving virtually all aspects of the insurance business. This practice includes class and other representative actions. Mr. De La Mora also has represented insurers and managed health care plans in hundreds of disputes involving both contracted and noncontracted providers of medical services, including hospitals, medical groups and individual physicians.

Professional Background

Mr. De La Mora joined Hinshaw & Culbertson LLP in October 2014 as a result of the merger of Hinshaw and the Los Angeles-based firm of Barger & Wolen LLP. He is a member of Hinshaw's Management Committee.

Representative Matters

A selection of Mr. De La Mora's representative matters includes:

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).

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.

Presentations

  • "Mercury v. Jones: Judicial Review of Prior Approval," ACIC General Counsel Seminar, Las Vegas, Nevada, July 2013.
  • "The Impact of Proposition 64 on Class Actions Against Insurance Company," 20th Annual ACIC General Counsel Seminar, Las Vegas, Nevada, August 2009.

Publications

  • "Property Casualty Insurance Ratemaking and Rate Regulation" Chapter 6A (Revised), "California Insurance Law and Practice Guide," LexisNexis Matthew Bender, April 2010
  • "Interrelationship Between the Insurance and Financial Services Industries," chapter, "California Insurance Law & Practice," Matthew Bender, 1993
  • "Multiple Occurrences in Professional Malpractice Policies," Professional Liability Today, Lloyds of London Press, 1990

Education

J.D., University of Southern California Gould School of Law, 1985

B.A., Economics, University of California at Santa Barbara, 1980

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