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Among its prominent work, Strumwasser & Woocher has served for over a decade as Special Counsel to all three elected California Insurance Commissioners, whom the firm has advised and represented in all phases of the implementation of Proposition 103, the 1988 insurance-reform initiative. Strumwasser & Woocher developed Commissioner John Garamendi’s rate-regulatory program, prosecuted the administrative cases on the insurance companies’ rebate liability, and successfully defended the Commissioner’s program in scores of state- and federal-court lawsuits, resulting in over $1 billion in consumer refunds.
The firm has advised and represented insurance regulators in Washington, Missouri, Texas, and New Mexico, and has served as special counsel to the U.S. Department of Housing and Urban Development on homeowners’ insurance discrimination.
Proposition 103
As special counsel to the California Insurance Commissioner, Strumwasser & Woocher has played a pivotal role in his implementation of Proposition 103, the insurance-reform initiative passed by the voters in 1988. The firm designed the Commissioner's rate-regulation program, drafted the regulations, tried the test cases brought by the insurance industry, resulting in the program being upheld against all challenges. Amwest Surety Ins. Co. v. Wilson, 11 Cal. 4th 1243 (1997); 20th Century v. Garamendi, 8 Cal. 4th 216 (1994), cert. denied sub nom Century-National Ins. Co. v. Quackenbush, 513 U.S. 1153 (1995); State Farm Mutual Automobile Ins. Co. v. Quackenbush, 77 Cal. App. 4th 65 (1999); Fireman's Fund Ins. Companies v. Quackenbush, 52 Cal. App. 4th 599 (1997); Safeco Ins. Co. v. Garamendi, 11 Cal. App. 4th 1141 (1992); State Farm Mut. Auto. Ins. Co. v. Garamendi, 12 Cal. App. 4th 206 (1992); Wilshire Ins. Co. v. Garamendi, 5 Cal. App. 4th 1573 (1992); California Auto. Assigned Risk Plan v. Garamendi, 234 Cal. App. 3d 1486 (1991); Fireman's Fund Ins. Co. v. Quackenbush, 87 F.3d 290 (9th Cir. 1997); Fireman's Fund Ins. Co. v. Garamendi, 790 F. Supp. 938 (N.D. Cal. 1992).
Title Insurance
Strumwasser & Woocher developed for the California Insurance Commissioner a program to regulate title-insurance rates, including a statistical plan to reveal for the first time how title and escrow companies price their products.
California Earthquake Authority
The firm is regulatory counsel to the state agency created to write residential earthquake insurance after the private industry withdrew from the market following the Northridge Earthquake. Strumwasser & Woocher advises the Authority on regulatory, intergovernmental, and technical issues and represents it in judicial and administrative litigation.
California Electricity Deregulation
In 2001, when California’s electricity-deregulation experiment became an unprecedented disaster, Strumwasser & Woocher represented TURN, the state’s leading utility-ratepayer advocacy organization, in litigation to block a multi-billion-dollar bail-out of the utilities at the expense of consumers. The firm initially successfully defended actions of the California Public Utilities Commission obtained by TURN holding the utilities to the terms of the deregulation legislation. When the PUC entered a secret bail-out deal with one of the utilities, the firm initially succeeded in blocking the deal in a decision overturned by the California Supreme Court. Southern California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002); Pacific Gas & Elec. Co. v. Lynch, 216 F. Supp. 2d 1016 (N.D. Cal. 2002); Southern California Edison Co. v. Peevey, 31 Cal. 4th 781 (2003); Southern California Edison Co. v. Public Utilities Com’n, 117 Cal. App. 4th 1039 (2004).
Refusal of Utility Service
Strumwasser & Woocher represented a large avocado farmer who had been cut off from service by San Diego Gas & Electric Co. when the farmer refused to purchase high-cost electricity and instead self-generated. The case resulted in a multi-million-dollar settlement for the farmer. Strumwasser & Woocher also represented the same client in litigation against the County of San Diego, which had refused to authorize operation of a 1-megawatt solar power plant. The litigation led to authorization of the solar facility’s operation and payment of damages for the delay.
Pollution Insurance Policy
The firm represents the Los Angeles Unified School District in litigation against American International Group and its subsidiaries to enforce coverage under a $100 million, 20-year pollution liability policy.
California Independent System Operator
Following accusations that during the electric-power crisis of 2001, the ISO, the non-profit corporation that operates the bulk of the state’s grid, attempted to manipulate the power market. Strumwasser & Woocher was retained by the ISO, at the behest of the California Senate, as independent investigators to report on the charges.
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