Paul M. Hummer

Paul Hummer is a commercial litigator whose practice is focused on the representation of insurers and reinsurers in complex civil litigation. He is the co-chair of Saul Ewing’s Insurance Practice.

Representative Matters

Class Actions 

  • Baker v. Hartford (D. DE): Federal court class action brought by policyholder challenging claim payment practices; dismissal for failure to state a claim affirmed by Third Circuit. 
  • Boyko v. AIG et. al. (D. N.J.): Federal court class action brought by policyholder challenging premium collection practices; case settled on favorable terms after national class was limited to less than 40 persons. 
  • Edwards v. 21st Century Insurance (D. N.J.): Federal court class action brought by policyholder challenging policy procurement practices; case was resolved on favorable terms. 
  • Herman v. Capital Blue Cross (PA): State court class action brought by policyholder challenging corporate governance practices; case dismissed for lack of standing.  
  • Sammons v. Hartford (DE): State court class action brought by policyholder challenging timeliness of claim payments; dismissal for lack of standing affirmed by Delaware Supreme Court. 

Commercial Litigation

  • In Re Penn Treaty (PA): Representation of agents in litigation related to solvency of an insurance company; prevented attempt to cut-off commission payments while company was in rehabilitation.  
  • T.D. Bank v. City of Harrisburg (PA): Representation of a bond insurer in litigation against a defaulting municipal guarantor including successful challenge to City’s ability to file for bankruptcy.
  • Nassar v. Lincoln Life and Annuity of New York (S.D.N.Y.):  Summary judgment in favor of insurer on claims alleging fraud in the sale of life insurance policies.
  • Winchilla v. WCAB (PA):  Successful representation of workers compensation insurer in appeal to the Commonwealth Court en banc of challenges to the constitutionality of Pennsylvania’s workers compensation law.
  • Genworth v. New Hampshire Department of Insurance (NH):  Ongoing challenge to validity of regulations limiting rate increases for long term care insurance.

Internal Investigations

  • Confidential representation of Board of Directors in internal investigation of reserving practices at property and casualty insurer. 
  • Confidential representation of Board of Directors in internal investigation of insurance and reinsurance broker compensation arrangements and related representations of company and individuals in grand jury and SEC investigations into finite reinsurance transactions and broker compensation arrangements. 
  • Representation of national bank in internal investigation of activities of trust department and related representation of the bank and various employees in federal grand jury investigations and civil litigation in various jurisdictions including Guam, Missouri, Florida, California, Michigan and Pennsylvania.

Reinsurance

  • Century Indemnity v. Munich Re America (E.D. PA): Representation of a reinsurer in suit by a ceding company arising from settlement of environmental liabilities.  
  • Munich Re America v. American National Insurance Company (D. NJ): Representation of a reinsurer in action against a retrocessionaire for liabilities arising from workers compensation insurance. Judgment in favor of reinsurer following trial. Affirmed by Third Circuit.
  • Lincoln National Life Insurance Co. v. General Re (D. Ct.):  Confidential arbitration of dispute under YRT reinsurance agreement and successful representation of cedent in confirmation of arbitration award.
  • Munich Re America v. Tower Insurance Company of New York (D. NJ): Representation of a reinsurer in action against a retrocessionaire for liabilities arising from habitational risk insurance program.  
  • Confidential arbitration on behalf of a ceding company relating to recovery of losses on a maritime construction program.  
  • Confidential arbitration on behalf of a ceding company relating to recovery of environmental losses.  
  • Confidential arbitration on behalf of ceding company relating to additional premium due to reinsurer. 
  • Confidential arbitration on behalf of a ceding company arising from a claim by an insolvent reinsurer for additional premium. 
  • Confidential arbitration on behalf of a reinsurer relating to claims under a cut-through endorsement.

Administrative Proceedings

  • Confidential representation of insurance company officers and directors in negotiation of an Order of Rehabilitation. 
  • Confidential representation of insurer operating under Order of Supervision in dealings with insurance departments and third parties. 
  • In Re Cigna Corp.:  Representation of applicant in administrative approvals and subsequent appeals of plan of merger and division. 
  • In Re Mercer Mutual:  Representation of dissenting policyholders in successful opposition to insurance company demutualization.
  • In Re Transamerica Life Insurance Company (PA):  Successful representation of insurer in administrative appeal of denial of a request to increase premium rates for long term care insurance.

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