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James (Jay) H. Frank

Certified Arbitrator

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Personal Information

Phone: 805.569.5530

Current Employment

Company: PRORESOLV Counsel, LLP
Position(s) and Responsibilities: Of Counsel -- Conduct mediation, arbitration, mini-trials and manage litigation activities of the firm including training
Address: Post Office Drawer 1290
Santa Barbara, CA 93102-1290
Phone: 805-569-5530
Fax: (please call first)
Email: PRORESOLV@Yahoo.com
Website: http://www.arias-us.org/

Previous Employment

Company: Intercontinental Reinsurance and ICH/North America
Position(s) and Responsibilities: Vice President, Corporate Counsel and Senior Auditor - Administrative management, underwriting, regulatory compliance and direction of audit functions.

Credentials

Attorney: Yes
Education: University of Southern California -- University of California - Berkeley -- University of Washington -- Air Force Institute of Technology -- Southwestern University School of Law -- Various Insurance Industry courses and seminars
Degrees: Bachelor of Arts - Political Science -- Master of Science - Business Administration -- Juris Doctor (J.D.) --
Designations: All-lines Insurance License (FL); Member, Reinsurance Consultants Network; Member, Florida Academy of Certified Mediators; Florida Supreme Court Certified Arbitrator; ARIAS+US Certified Arbitrator and Umpire and Qualified Mediator
Languages: English
Other Information: Have mediated several hundred disputes including forty or more involving insurance and/or reinsurance issues, in addition to arbitrating and conducting mini-trials. Have extensive experience in multi-line contract interpretation and dispute resolution; professional errors and omissions coverage; plus, environmental/pollution coverage and non-coverage applications.

Work Experience

Insurance Company: 12 years

Underwriting Department: 5 years. underwriter, senior underwriter

Claim Department: 5 years. claim representative, supervisor

Actuarial Department: 1 year. actuarial assistant

Environmental/Asbestos: 1 year. analyst

Reinsurance Company: 9 years

Underwriting Department: 3 years. underwriter, superintendent (much overlap)

Executive Officer (CEO, COO, CFO, Chief Actuary): 2 years. chief operating officer / president

Claim Department: 4 years. chief claim liaison with audit and underwriting

Law Firm (Insurance/Reinsurance Practice): 24 years

Partner: 20 years. Partner and Senior Partner/Chairperson

Associate: 2 years.

Counsel: 3 years. Of Counsel to Firm (semi-retired status)

Breakdown of Experience

Contract Wording   15%
Environmental/Pollution   10%
Asbestos   10%
Aviation   5%
Bad Faith/ECO   5%
Catastrophes (Property)   5%
Commercial Liability   5%
Commercial Property   5%
Directors & Officers   5%
Intellectual Property   5%
Product Liability   5%
Professional Liability/Errors & Omissions   5%
Regulatory/Licensing   5%
Toxic Tort   5%
Excess/Surplus Lines   3%
Fidelity & Surety   1%
Financial Guarantee   1%
Ocean Marine   1%
Commutations   1%
Construction Defects   1%
Captives/Risk Retention Groups   1%
Catastrophes (Casualty)   1%

By Market

U.S. Market: 85%

U.K. Market: 5%

Global Market: 10%

Insurance vs. Reinsurance: 50/50%
Treaty vs. Facultative Reinsurance: 65/35%
Former Insurance or Reinsurance Company Officer
Former Insurance or Reinsurance Company Director

Mediation Experience

Number of Mediations

As Mediator: 40

As Counsel: 6

ARIAS Experience

Ethics Training, as Trainee: 1; January 2010

ARIAS Conference Faculty: 1; Fall 2005

Arbitration Experience

Number of Arbitrations

As an Arbitrator: 90
As an Umpire: 46
As Outside Counsel: 18
As Employee Manager: 6

Arbitrator Experience

Number of Arbitrations

6 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
3 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
8 Acted as an arbitrator through an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
13 Acted as an arbitrator through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
17 Acted as an arbitrator through to final award after completion of an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
43 Acted as an arbitrator through to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Umpire Experience

Number of Arbitrations

9 Acted as an umpire through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
10 Acted as an umpire through to final award after completion of an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
27 Acted as an umpire through to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Lead Counsel Experience

Number of Arbitrations

5 Acted as Lead Counsel through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
4 Acted as Lead Counsel through to an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
1 Acted as Lead Counsel through to final award after completion of an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
8 Acted as Lead Counsel through to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Employee Manager Experience

Number of Arbitrations

1 Employee Manager of arbitration through evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
5 Employee Manager of arbitration through evidentiary hearing of at least three full day regarding the substantive merits of the parties' dispute.

Biography

James H. Frank is a commercial arbitrator, mediator and retired attorney with extensive practical experience. Mr. Frank has been counsel and a senior officer of reinsurance and insurance entities, and was of counsel to various other financial services enterprises prior to the establishment of his current practice. He participated in the development of the first ADR model inclusive of mediation for a reinsurance trade group, and has mediated and arbitrated numerous business and corporate disputes in areas including, but not limited to, admiralty law, aviation and space law, insurance and reinsurance law, environmental law, securities law and labor law.

Mr. Frank is certified to arbitrate by courts on both coasts, the National Association of Securities Dealers/ New York Stock Exchange combined regulatory body (“FINRA”), and ARIAS+US reinsurance arbitration society. He has taught the techniques and procedures for mediation, arbitration and the conduct of mini-trials in numerous forums and educational seminars. He is active in several bar groups devoted to ADR, also the Florida Academy of Professional Mediators, and he is a retired advanced educator/practitioner member of the Association for Conflict Resolution (formerly the Society of Practitioners in Dispute Resolution -- “SPIDR”). Additionally, he has been admitted as a Fellow of the National Forensic Center. He continues to practice as special counsel to parties in alternative dispute resolution when not mediating, arbitrating, or sitting as mini-trial judge in such matters.

Mr. Frank performed his undergraduate studies at the University of Southern California and the University of California at Berkeley; his Masters work in Business Administration at the University of Washington and the Air Force Institute of Technology; and earned his Juris Doctor from Southwestern University School of Law. Prior to entering the insurance and reinsurance industry Mr. Frank was a military pilot and operations staff officer

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