C. Mark Humbert

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Mark Humbert is a civil litigator who represents employee benefit plan sponsors and fiduciaries, employers, commercial building owners, life insurers, health insurers, managed care entities, construction entities, third party administrators and other businesses in litigation and arbitrated matters throughout California. His litigation practice is focused in the following areas: ERISA benefit and fiduciary disputes, life insurance matters, commercial real estate litigation (including unlawful detainers), commercial disputes, secured transactions litigation, and construction disputes. He is admitted to practice before all state and federal trial courts in California, and before the Ninth Circuit Court of Appeals and the United States Supreme Court. He has also been admitted to practice, pro hac vice, in the US District Courts in Utah and Nevada, as well as the US Bankruptcy Court in Nevada.

Mark has more than 30 years of experience in civil litigation and arbitrations. He has substantial training and experience in arbitration, mediation and other forms of alternative dispute resolution. He is an “Early Neutral Evaluator” and a panel mediator for ERISA matters for the U.S. District Court for the Northern District of California. He is also a panel member on the ADR panel of the American Health Lawyers Association (AHLA) and a member of the Kaiser Permanente arbitration panel.

Mark is an active member of the American Bar Association’s Tort, Trial and Insurance Practice Section (TIPS). He is a member of its Life Insurance Committee, Health and Disability Insurance Committee, and ADR Committee, and was the 2002-2003 Chair of the Employee Benefits Law Committee of TIPS. He was Program Chair for several years for the Employee Benefits Committee presentation at the Mid- Winter Meeting of the above committees, and was Program Chair for the Employee Benefits Committee program at the ABA Annual Meeting in New York City in summer 2000 and the Midwinter Meeting in January 2003. He was a member of the ABA Joint Committee on Employee Benefits from 2000 through 2003.

Mark was born in Houston, Texas in 1954, and moved to the Bay Area in 1979, where he attended and graduated from Boalt Hall, the law school at the University of California at Berkeley. His undergraduate degree is from New College of Florida in Sarasota, Florida, the honors college of the Florida state university system. Before establishing his own practice in 2013, he was a founding partner of Green & Humbert in September 2004. Prior to that, Mark was a partner with Pohls & Humbert and Fleming & Phillips in Walnut Creek and practiced with Adams, Duque & Hazeltine and Seyfarth, Shaw, Fairweather and Geraldson in San Francisco.

Mark’s current and former clients include The Swig Company, Health Services Foundation, Health Services & Benefit Administrators, Post-Montgomery Associates (owners of the  Crocker Galleria in San Francisco), Aegon, California State Employees Association (CSEA), Fidelity Investments, Brand Source, Associated Materials, Inc., The Americo Group of Companies, MD Group Insurance, Inc., Fidelity Security Life, The University of California, Professional Insurance Consultants, Inc., Tribeca Real Estate Partners, ICMA Retirement Corporation, and Unum.

Recent notable decisions in which Mark represented prevailing parties include McCalla v. Royal Maccabees Life Insurance Company, 369 F.3d 1128 (9th Cir. 2004) (Rule 59(e), FRCP, governs post-judgment motions for prejudgment interest, and a motion submitted by plaintiff two years after entry of judgment is late and therefore barred by the Rule); Achtel v. Massachusetts Mutual Life Insurance Company 2000 U.S. App. LEXIS 5228 (9th Cir. 2000) (Summary judgment was properly entered in ERISA benefit claim case, where disability claimed was due to an illness or injury which commenced prior to policy reinstatement; defendant demonstrated that there was no issue of material fact requiring trial of the claim), and Carl v. Steelworkers Western Independent Shops Pension Plan, (Docket No. 1670 SBA, N.D. Cal. October 4, 2004) (State-law-based claims brought by plan participants against a third party administrator for the plan dismissed as preempted by ERISA.)

Martindale-Hubbell AV Rating. Designated a Northern California Superlawyer.