Paul M. Hummer

Paul M. Hummer
Overview

Paul Hummer is a commercial litigator who represents insurers and reinsurers in complex civil litigation and regulatory disputes. With more than 35 years of experience as a trial lawyer, Paul has appeared on behalf of clients in actions pending in state and federal courts in many different jurisdictions. He represents clients in lawsuits and arbitrations arising from reinsurance agreements, failed business relationships and claims by policyholders individually and as putative class representatives. Paul also represents companies in challenges to and appeals from regulatory enforcement and approval actions and as creditors or obligors in insurer insolvencies.  Life, health and casualty insurers also rely on Paul as their national counsel on a variety of issues.

Key Experience View full experience

Commercial Litigation

  • Representation of a bond insurer in litigation in Pennsylvania against a defaulting municipal guarantor including a successful challenge to a city  government's ability to file for bankruptcy.
  • Successful representation of a workers compensation insurer in an  appeal to the Commonwealth Court of Pennsylvania en banc of challenges to the constitutionality of Pennsylvania's workers compensation law.
  • Ongoing representation of a holding company in litigation in South Carolina over liability for obligations of a former insurance company subsidiary.
  • Successful representation of a reinsurer in injunctive and civil litigation in North Carolina with program MGA.

Policyholder and Class Action Litigation

  • Ongoing litigation in California related to premium financed life insurance.
  • Ongoing litigation in New Jersey related to premium financed life insurance.
  • Ongoing litigation in California related to the cost of insurance adjustments to in-force life insurance policies.
  • Summary judgment in favor of an insurer on claims alleging fraud in the sale of life insurance policies in a case in U.S. District Court for the Southern District of New York.
  • Successful representation of a life insurer in a  suit in Maryland alleging fraud and misrepresentation in the sale of life insurance in connection with a tax-advantaged employee benefit plan.
  • Ongoing defense of a life insurer in a suit in U.S. District Court for the Eastern District of Pennsylvania alleging ERISA and RICO claims arising from the failure of MEWA.
  • Summary judgment in favor of a life insurer in a suit in U.S. District Court for the Eastern District of New York challenging the lapse of a variable universal life insurance policy for non-payment of premiums.
  • Summary judgment in favor of a life insurer in a suit in New York challenging lapse of a variable universal life insurance policy for non-payment of premiums.
  • Successful representation of an insurer in a suit in Pennsylvania challenging premium increases under an in-force insurance policy.
  • A federal court class action in U.S. District Court for the District  of Delaware brought by a policyholder challenging claim payment practices. The dismissal for failure to state a claim was affirmed by the U.S. Court of Appeals for the Third Circuit. 
  • A federal court class action in U.S. District Court for the District  of New Jersey brought by a policyholder challenging premium collection practices. The case was settled on favorable terms after the national class was limited to less than 40 persons. 
  • A federal court class action in U.S. District Court for the District of New Jersey brought by a policyholder challenging policy procurement practices.  The case was resolved on favorable terms. 
  • A state court class action in Pennsylvania brought by a policyholder challenging corporate governance practices. The case was dismissed for lack of standing.  
  • A state court class action in Delaware  brought by a policyholder challenging timeliness of claim payments. The dismissal for lack of standing was affirmed by the Delaware Supreme Court. 

Reinsurance

  • Representation of a ceding insurer in a suit in U.S. District Court for the Southern District of New York against a reinsurer arising from settlement of litigation related to insurance coverage for environmental liabilities.
  • Representation of a reinsurer in a suit in U.S. District Court for the Eastern District of Pennsylvania by a ceding company arising from settlement of environmental liabilities.  
  • Representation of a reinsurer in an action in U.S. District Court for the District of New Jersey against a retrocessionaire for liabilities arising from workers compensation insurance and defense of a counterclaim for rescission. A judgment in favor of the reinsurer on all counts following a two-week trial was affirmed by the U.S. Court of Appeals for the Third Circuit.
  • Successful representation of a reinsurer in a suit in federal court in New York by a ceding company under a reinsurance program for homeowners and commercial residential insurance policies.
  • A confidential arbitration of a dispute under a YRT reinsurance agreement and successful representation of the cedent in a confirmation of an arbitration award as amended following actions in the U.S. District Court for the District of Connecticut and the U.S. Court of Appeals for the Second Circuit.
  • Successful representation of a reinsurer in an action in the U.S. District Court for the District of New Jersey against a retrocessionaire for liabilities arising from a habitational risk insurance program.

Regulatory and Insolvency

  • Successful challenge to the validity of regulations limiting rate increases for long term care insurance in New Hampshire.
  • Ongoing representation of multiple life and annuity cedents in insolvency proceedings in Delaware of a domestic reinsurer.
  • Representation of a long-term care insurer as cedent in an insolvency proceeding in Pennsylvania of a long-term care insurer and reinsurer.
  • Representation of insurer as a cedent in the liquidation of a reinsurer in Pennsylvania.
  • Representation of an assuming reinsurer in an insolvency proceeding in Texas of a property and casualty insurer.
  • Representation of agents in an insolvency proceeding in Pennsylvania of a long-term care insurer.
  • Representation of an assuming reinsurer in connection with an insolvency proceeding in Illinois of a workers compensation insurer.
  • Successful representation of an insurer in an administrative appeal in Pennsylvania of the denial of a request to increase premium rates for long term care insurance.
  • Successful representation of a long-term care insurer in an administrative appeal in Indiana of a denial of rate increase applications.
  • Ongoing representation of a long-term care insurer in an administrative appeal in New Jersey of denial of rate increase applications.
  • Successful representation of a Form A applicant to compel action by the Pennsylvania Insurance Commissioner. A  writ of mandate was issued.
  • Successful representation of a competitor in a challenge to the proposed merger of competing health plans in Pennsylvania.
  • Representation of dissenting policyholders in a successful opposition in Pennsylvania to an insurance company demutualization.
Overview quote