Mitchell L. Lathrop, C.Arb., FCIArb

Mitchell L. Lathrop is an expert on insurance and reinsurance. He also is an expert on lawyers' professional responsibility. He is a former Presiding Referee of the California State Bar Court. He is a member of the American Board of Trial Advocates and for over 20 years was a certified civil trial specialist by the National Board of Trial Advocacy. He is licensed in California, the District of Columbia, and New York.

Mr. Lathrop offers expert witness services related to malpractice, ethics, insurance, arbitration, litigation, business, securities, and more.

Mitchell Lathrop received his bachelor's degree from the U.S. Naval Academy in Annapolis Maryland and his J.D. degree from the University of Southern California School of Law and has completed several post-graduate educational courses.

Services

Mitchell L. Lathrop, Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators, is available as a neutral or counsel for domestic and international arbitrations. Over 50 years of experience in the practice of law, and specialized knowledge in insurance and reinsurance. A seasoned trial lawyer, Mr. Lathrop brings his years of practice to alternative dispute resolution.

Mr. Lathrop is also a trained mediator in commercial, insurance and reinsurance disputes. Mr. Lathrop is available as an expert witness in insurance and reinsurance matters.

Litigation Support Services

Mitchell L. Lathrop, C.Arb., FCIArb frequently serves as an expert witness in insurance and reinsurance disputes. His practice consists of all phases of insurance and reinsurance law, including property and casualty insurance; treaty and facultative reinsurance; environmental insurance; and coverage issues.

Areas of Expertise

Additional Expertise:

Property & Casualty Insurance; Lawyers Professional Responsibility; International Law; International Arbitration.

Profile

Mr. Lathrop serves on the National Panel of the American Arbitration Association. He is a Distinguished Neutral of the International Institute for Conflict Prevention and Resolution (CPR). He is a member of the London Court of International Arbitration and also serves on the panels of arbitration organizations in Austria, Dubai, Egypt, India, Japan, Malaysia and Switzerland. He is a former Presiding Referee of the California State Bar Court.

Mitchell L. Lathrop, C.Arb., FCIArb in the Social Networks

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Professional Experience

Mitchell L. Lathrop is licensed to practice law in California, New York and the District of Columbia. After over 45 years in trial courts throughout the United States, he limits his practice today to mediation, arbitration, and expert consulting and testimony in matters involving insurance, reinsurance, and lawyers' professional responsibility and ethics. Mr. Lathrop is a graduate of the United States Naval Academy and the University of Southern California School of Law. He is a member of the American Board of Trial Advocates and is a former Presiding Referee of the California State Bar Court.

Licenses

Licensed to practice law in California, the District of Columbia and New York.

Legal Experience & Services

Sample Engagements

• Previews, Inc. v. California Union Insurance Co., U.S.D.C., Central District of California – Testified as to the reasonableness of a law firm's fees in handling a matter involving insurance coverage litigation
• Zurich Insurance Co. v. Transamerica Insurance Co., Calif. Superior Court, San Diego County – Retained as an expert on insurance policy interpretation and insurance coverage
• Interstate Consultants, Inc. v. American National Fire Ins. Co., Calif. Superior Court, Los Angeles County – Retained as an expert to render an opinion on whether a particular insurance policy provided coverage and, if so, whether the insurer had a duty to defend and/or indemnify
• Fireman's Fund Insurance Co. v. Younesi, Calif. Superior Court, Los Angeles County – Retained as an expert on the standard of care and the standard of conduct for insurance-appointed defense counsel, the standard of care for claim handling, and billing practices of counsel
• Williams v. Williams, Calif. Superior Court, Los Angeles County – Testified as an expert on environmental insurance coverage and run-off insurance companies
• Avery Dennison Corp. v. Aetna Casualty & Surety Co., Calif. Superior Court, Los Angeles County – Served as an expert witness on environmental insurance coverage and bad faith under California law on behalf of an insurer
• Blue Cross of California v. Boiler Engineers Co., Inc., Calif. Superior Court, Los Angeles County – Testified as an expert witness on the custom and practice of claim handling in an environmental pollution case
• Washington Schools Risk Management Pool v. American Protection Insurance Co., U.S.D.C., Western District of Washington – Served as an expert witness on the rights and obligations of a cedent, a reinsurer and a retrocessionaire with respect to an underlying liability case settlement
• Clarendon America Ins. Co. v. Century Surety Co., Calif. Superior Court, Los Angeles County- Served as an expert witness regarding custom and practice in the insurance industry, policy construction, and “other insurance” clauses
• Alta Healthcare v. Comrisk Insurance, U.S.D.C., Central District of California – Served as an expert witness on the underwriting and placing of insurance and reinsurance for healthcare organization employees
• Taisei Construction Corporation v. Clarendon America Insurance Company, Calif. Superior Court, San Mateo County – Served as an expert witness on insurance policy interpretation and insurance industry custom and practice
• Brea Hospital Properties v. Snell & Wilmer, Calif. Superior Court, Orange County – Served as an expert witness on insurance policy interpretation, insurance industry custom and practice, and the standard of care required of lawyers in California
• Continental West Insurance Company v. Lexington Insurance Company, U.S.D.C., Western District of Washington – Served as an expert witness on claim handling and coverage dispute between two liability insurers
• Rachal v. Colony Insurance Company, Calif. Superior Court, San Diego County – Served as an expert witness on the standard of care and the standard of conduct for insurance brokers
• WG Development LLC v. Probuilders Specialty Insurance Company RRG, Calif. Superior Court, San Diego County – Served as an expert witness on insurance policy interpretation, insurance industry custom and practice, and the standard of care for claim handlers in commercial insurance matters
• Centrix Financial Liquidating Trust v. National Union Fire Insurance Company, U.S. Bankruptcy Court for the District of Colorado – Serving as an expert witness on coverage under fidelity bonds and the standard of care for claim handlers in commercial insurance matters
• Cottage Health System et al. v. Travelers Casualty and Surety Company of America, Calif. Superior Court, Santa Barbara County – Served as an expert witness on the standard of care and the standard of conduct required of D&O and liability insurers in California
• Transportation Alliance Bank, Inc. v. BancInsure, Inc., U.S.D.C., D. Utah – Serving as an expert witness on coverage under financial institution bonds and the standard of care for claim handlers in bank insurance matters
• MidMountain Contractors v. American Safety Indemnity Co., U.S.D.C., Western District of Washington – Served as an expert on the duties and obligations of insurers in construction disputes where issues of additional insureds and indemnity are involved

Affiliations

American Board of Trial Advocates
Association of Professional Responsibility Lawyers
American Bar Association
San Diego County Bar Association
New York City Bar Association
District of Columbia Bar
International Bar Association
International Council for Commercial Arbitration
Judge Advocates Association
American Board of Neutrals Association
International Association of Defense Counsel
Federal Bar Association
Association of Business Trial Lawyers
Association of Professional Responsibility Lawyers
Federal Bar Council
New York Academy of Sciences
Center for International Legal Studies
International Institute for Conflict Prevention and Resolution (CPR)
London Court of International Arbitration
The Institute for Transnational Arbitration
Japan Commercial Arbitration Association
Association Internationale de Droit des Assurances (AIDA)
AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US)
Association Suisse de l'Arbitrage
Association of Insurance and Reinsurance Run-Off Companies (AIRROC)

Qualifications

Qualified as an expert on insurance and legal ethics in both state and federal courts.

Awards & Honors

Some of the Recognitions Mr. Lathrop has received are:

Best Lawyers: 2012 San Diego Insurance Law Lawyer of the Year
Martindale-Hubbell “A” rated in both California and New York
Listed in The Best Lawyers in America: 2006-present
Listed in Super Lawyers for both New York City and San Diego
Member, American Board of Neutrals Association
Lawyer representative to the Ninth Circuit Judicial Conference from the U.S. District Court for the Southern District of California

Seminars & Training

American Bar Association - American Law Institute; Continuing Education of the Bar, State Bar of California; Business & Corporations Law Section, Los Angeles County Bar Association; Advanced Management Research, Inc., New York; Continuing Legal Education, State Bar of Minnesota; Loyola University of Los Angeles, School of Law (guest lecturing appearances); University of San Diego School of Law, San Diego (guest lecturing appearances); Western State University, School of Law (guest lecturing appearances); Practicing Law Institute, New York; Association of Business Trial Lawyers, Los Angeles; American Board of Professional Liability Attorneys; Stanford Law School, Palo Alto (guest lecturing appearances); California Bankers Association; Northwest Center for Professional Education, Bellevue, Washington; Purdue University, School of Civil Engineering, 44th Industrial Waste Conference; Defense Research Institute; The Rutter Group, Los Angeles; California Judges' Association; Chicago Reinsurance Conference; New York State Bar Association; Mealey's Publications, Inc.; Reinsurance Association of America, Washington, DC; Zurich Reinsurance Centre, Inc., New York, NY; Software Productivity Group; Glasser LegalWorks; International Institute for Conflict Prevention and Resolution (“CPR”)

Publications

Available upon request.

Education

Preparatory education at The Thacher School, Ojai, California.
B.Sc. in Engineering, United States Naval Academy, Annapolis, Maryland.
J.D., University of Southern California Law School.

Postgraduate Education

Securities Law, University of Southern California Law School.
Environmental Engineering, Industrial Waste Conference, Purdue University, 1988, 1989.
Insurance & Reinsurance Arbitration, ARIAS-US, annual courses since 1997.
International Commercial Arbitration, Paris, 2005.
Diplomate in International Arbitration Law, College of Law of England and Wales.
Certificate in Advanced Mediation, Straus Institute for Dispute Resolution, Pepperdine University School of Law.
Advanced mediation training, International Institute for Conflict Prevention and Resolution (“CPR”).