Arbitrator & Mediator
Frank Lattal is a leading professional in the world of commercial and civil dispute resolution. As arbitrator, and mediator Frank specialises in civil, commercial, and insurance-related disputes. Throughout his career, Frank has been responsible for evaluating, formulating, and executing on strategies to resolve complex disputes through arbitration, mediation, litigation and facilitated negotiation. He has accumulated an abundance of real-life experience on the dynamics of successful conflict dispute resolution.
For over 3 decades, Frank has sat as arbitrator and acted as counsel and corporate executive, in a wide range of commercial, tort, and insurance-related disputes arising under the laws of many common and civil law countries. Frank’s unparalled career is made up of over 14 years of private legal practice as an advocate in arbitration, mediation, negotiation and litigation, followed by 21 years as a senior corporate executive responsible for resolving legal disputes. Most recently, he served for 15 years as the Chief Claims Officer for Chubb Group, the world’s largest publicly traded Property and Casualty Insurance Company. Frank was the chief executive officer for Chubb’s claim organization of over 6000 professionals operating in 54 countries that paid more than $16 billion annually in claims adjudication. In 2019 he left Chubb to further establish his arbitrator practice.
Franks experience in international dispute resolution has been unique and substantial. He is comfortable in and knowledgeable of international jurisdictions, having lived as an American ex-patriate for much of his career. As an operating company General Counsel and then as Chief Claims Officer for Chubb, he travelled extensively to major continents and throughout the UK, Europe, Asia, Latin America, and the United States, resolving complex disputes, many with 9 figure valuations under civil and common law legal systems. Frank has first-hand experience and knowledge of different legal and conflict systems in over 54 countries including; Germany, Columbia, Canada, Mexico, France, Brazil, Italy, UK, Australia, Argentina, Dominican Republic, Seychelles, Venezuela, Vietnam, Ukraine and Africa. This responsibility provided a practical understanding of the impact of local norms on conflict resolution. His international arbitration experience includes decision making responsibility for 19 matters taken to award, each valued at $100M or more.
Frank is as a Fellow of the Chartered Institute of Arbitrators, is a member of the CPR Panel of Distinguished Neutrals and is certified as an arbitrator by ARIAS (UK & USA) and FINRA. He is also a certified mediator. He is admitted to practice law in New York and New Jersey. He is co-author of New Jersey Insurance Law, a 1000-page insurance law treatise currently in 15th edition published annually since 1993 by ALM Media Partners, LLC.
Frank has considerable experience resolving commercial and contractual claims as well construction disputes involving fidelity, crime, performance, advance payment, and surety bonds.
His experience in-house spans all the major lines of business and industries that have spawned major claim activity and arbitrations including pharmaceuticals, railroads, aerospace, petrochemicals, motor vehicles, construction, municipalities, nation-states, colleges, and universities. His experience extends to claims arising out of natural disasters (Hurricanes, Floods, Wildfires) and disputes bought by consumers against commercial banks.
Frank has been involved in multiple consumer class actions disputes involving cyber breaches, TCPA, FDCPA, and other statutory claims. He has also served first hand in securities class actions disputes, involving public and private companies, their boards of directors and their senior managers. At Chubb, Frank also handled professional liability claims involving insurance brokers/agents, managing general agents (MGAs), and managing general underwriters (“MGUs”).
Frank has sat as an arbitrator in large and complex construction and insurance disputes. Whilst at Ace/Chubb Frank handled many significant claims brought under insurance policies written for major construction projects around the world by owners, design professionals, general contractors, sub-contractors, and other interested parties. These claims were noticed under Builders Risk, OCIP, CCIP, Commercial & Contractor General Liability, Professional Liability and Inland Marine policies as well as under Construction Related Bonds. These claims included Construction and Design Defect, Professional Liability, Breach of Contract, Delay, Disruption, Extra Work, Surety and Performance Bonds, Political Risk, and Construction Accidents resulting in Personal Injury and Property Damage.
Frank has recently sat as an arbitrator on a 3-member panel for claims surrounding the construction of a new landmark bridge ($1.4bn dollar project) connecting New York and New Jersey which resulted in a hearing and a written award.
Other representative matters include:
Throughout his career Frank has resolved many large and complex insurance and reinsurance coverage matters involving pharmaceuticals, railroads, aerospace, petrochemicals, automotive, construction, municipalities, colleges and universities, climate change, environmental contamination, natural catastrophes as well as a variety of mass torts including matters relating to asbestos, silica, and other latent injuries. He also has resolved coverage disputes involving employment discrimination, automobile insurance, construction defects, and construction accidents. He has a deep understanding of potential liabilities arising out of claims handling practices and alleged bad faith and issues arising out of the conduct of brokers and other intermediaries.
Frank also has detailed and practical knowledge of nearly every form of first-party and third-party insurance policy and coverage including Cyber, Supply chain, Primary and excess CGL, Professional liability Director and Officers, Employment Practices Liability, Errors and Omissions, Construction, Builder’s Risk, Contract Bonds, Inland Marine, Motor Vehicle off all types, Bermuda Form, Occurrence, Claims-Made, Integrated Occurrence, Fronted and captive insurance and transactional insurance (reps and warranties).
In addition Frank has been involved in a broad array of reinsurance disputes, ranging from the validity of a single loss under a facultative certificate or reinsurance treaty, to fraud and misrepresentation claims involving the potential rescission of an entire book of business.
Commonly recurring issues, as well as many unique points of contract interpretation include: allocation, aggregation, number of occurrences, loss adjustment expenses, follow-the-fortunes/settlements, late notice, utmost good faith, claims cooperation, salvage and subrogation recoveries, inuring insurance and/or reinsurance, warranties, rescission, commutations, access to records, offset, reserving methodology and calculation disputes, reinsurance collateral, premium issues, the scope of ECO and XPL clauses, insolvency issues, and disputes involving captive-related issues, underwriting guidelines/standards, bad faith and claims handling issues.
Few professionals have had greater first-hand experience analyzing and resolving disputes under the “Bermuda Form”.
Throughout his career Frank had responsibility for evaluating and resolving many matters involving cross-border investment disputes as a result of government actions like expropriation and exchange controls, as well as political violence and instability, breach of contract, and sovereign debt defaults and restructuring. He has a solid understanding of the various dynamics and complexities that exist in cross-border financial disputes.
Frank is often recommended as a mediator and dispute board member as his commercial experience and approach assists parties in amicably resolving their disputes. Frank is familiar with all types of contractual contracts including FIDIC and ECT. Disputes have arisen in all corners of the world including the UK & Europe, USA, Asia and Latin America.
His experience in insurance coverage mediation is 3-fold: First, as a practicing solicitor, he represented parties in many insurance-related mediations. Second, as Chief Claims Officer for ACE/Chubb, he represented the company at many mediations that involved large, significant damages and complex insurance issues. Third, as a trained, practicing Mediator.
As a mediator, Frank is open-minded and encourages transparency and constructive discussions in order to move efficiently throughout the process. He has unparalleled views having developed first-hand experience as counsel, client, and most recently as an arbitrator and mediator.
Most recently, he assisted parties in reaching an agreement and resolving a case in a one-day mediation in New York City. The matter involved a $44M dispute over the terms of the insurance contract that governed the contractual relationship between the two companies. The claimant alleged that the defendant had breached certain terms of the policy including failing to maintain adequate reserves and failing to conform to other conditions in the contract.
Frank has experience as an arbitrator, counsel, and Claims Officer in disputes under common law and civil law, seated around the world. Representative Arbitrator Appointments:
Acting as arbitrator in several arbitrations under the Arbitration Act 1996 (UK).
Appointed as co-arbitrator in ad hoc arbitration between a US and international company in a dispute over release of collateral.
Appointed as co-arbitrator in ad hoc arbitration between a US cedant and international reinsurer in a dispute over ceded losses under reinsurance contract.
Appointed as co-arbitrator in domestic arbitration over a claim for soft costs in a construction project.
Appointed as co-arbitrator in ad hoc arbitration between a US company and a UK insurer in dispute over “additional insured” status.
Appointed as co-arbitrator in ad hoc arbitration between Bermuda companies in dispute over ceded losses under excess of loss policy.
Franks career experience includes claims, disputes and cases involving:
Parties, Seats and Governing Law from: United States, Bermuda, Canada, United Kingdom, Ireland, Brazil, Mexico, Columbia, Australia, Japan, China and Hong Kong, Singapore, Thailand, South Korea, Western, Central and Eastern European countries.
Commercial Related Claims Experience
Germany - Claims by Investors in retail closed end funds structured as blind pool leasing companies for misrepresentation in prospectuses and bad investment advice.
Columbia – Arbitration regarding claims by Columbian borrowers alleging Columbian Bank’s calculation of UPAC was improper.
Mexico – Fraud claims by Global bank involving loans made to in Mexican oil services company.
France – Trial and appeal in Paris commercial court regarding Madoff-related claims against French bank .
Brazil – Advance payment and performance surety bond claims against wind powered electrical energy construction firm brought by SPV owned by large Brazilian electric utility company.
Italy – Criminal, regulatory and civil actions against Directors and Officers of Italian financial services company focused on internal controls, governance, risk management and claim reserving criteria.
Cross Border Investment and Political Risk claims:
Argentina – Several claims arising out of the severe economic meltdown and exchange controls enacted in in the early 2000s.
Dominican Republic – Claims by 3 European commercial banks for a scheduled payment which was missed on an export finance loan to the Government of the Dominican Republic as the government was rescheduling its commercial bank debt as a result of an economic crisis.
Seychelles - Nonpayment claims by a Dutch bank on two separate loans which were defaulted on by the Seychelles Ministry of Finance.
Venezuela - Currency non-transfer claim involving a commercial bank's inability to transfer dividend payments outside of the country due to regulations adopted by the Central Exchange Control Authority (CADIVI).
Vietnam - Nonpayment claims by European banks relating to bankruptcy and default by a state-owned company . This company was unable to service its debt and defaulted on several loans and performance guarantees.
Ukraine - Political Violence claims by a European retailer relating to physical damage to stores located in Eastern Ukraine after they were damaged by explosives during the conflict and from looting by rebel forces.
Significant and complex insurance-related matters
Lattal ADR: 2020-present: CEO
Chubb Group (formerly ACE Group): 1998-2019
Connell Foley & Geiser, LLP: 1984-1998
Professional Designations, Training, and Activities
Community/Not for Profit
"He is one of the few insurance professionals that have significant first-hand experience analysing and resolving disputes under the 'Bermuda Form'."