PricewaterhouseCoopers, Inc. expert testimony

Jim McDermott represented PricewaterhouseCoopers, Inc. to provide expert testimony on Oregon and U.S. insurance coverage law, specifically including the application of U.S. and Oregon law to claims arising under Directors and Officers insurance policies.

The matter was pending in the Supreme Court of British Columbia, where the parties sought a declaration of the coverage available under D & O policies issued to Pope & Talbot Ltd., which was in receivership. The value of the claims was in excess of $3 million.

Expert testimony was provided, in two separate affidavits, in response to motions by insurer Chubb & Son to stay the declaratory relief proceedings on the grounds that the Court did not have territorial competence with regard to policies issued by Chubb or, alternatively, that the State of Oregon was the more appropriate forum to hear the issues.

Mr. McDermott’s expert testimony focused on the interplay between U.S. and Canadian insurance coverage law in this Canadian action.

Based on the expert testimony and analysis, the Supreme Court of British Columbia ruled in favor of the receiver, PricewaterhouseCoopers, on all issues addressed in Mr. McDermott’s affidavit.

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