Jim Macdonald is an independent consultant specializing in commercial insurance and reinsurance disputes in arbitration or litigation. He is also a Senior Fellow on the adjunct staff of the RAND Corporation's Institute for Civil Justice. Since he became a full-time consultant in mid-2006, he has completed over thirty engagements involving disputes between policyholders, insurers, reinsurers, and intermediaries as an expert witness, consultant, or arbitrator. He has also authored or co-authored over 30 publications including three for the RAND corporation on public policy issues.
His areas of expertise include liability insurance underwriting and claims customs and practices involving:
Alternative Market Insurance and Risk Financing
Application completion (including the Bermuda Market Excess Application)
Asbestos Products Liability- Insurance or Reinsurance Aggregation Issues
Auditing - FInancial, Claims, and Underwriting
Captives (including single parent, group, RAC, and Protected Cell)
Insurance Policy Coverage issues
Excess and surplus lines
Financial or Finite Insurance or Reinsurance
Management Liability / D&O (including Public and Private Company as well as Not-for-Profit)
Manuscript Liability Insurance Policies
Products Liability Insurance
Professional Liability (including Medical and Non-Medical)
Program Business and Program Administrator Agreements
"Related" or "Inter-relalted" Claims
Surety Bonds & Financial Guarantees
Treaty reinsurance - Proportional and non-proportional
A native of Pittsburgh and a resident of Philadelphia, Jim Macdonald is a Dean’s List graduate of the University of Notre Dame with a B.A. in Literature and Philosophy. He has also earned professional designations as a CPCU, ARM, and as a licensed P&C surplus lines insurance broker (in Pennsylvania). He is also an ARIAS certified Arbitrator.
BackgroundQ: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Senior Fellow, RAND Corporation
ARIAS, Certified Arbitrator,
Chartered Property & Casualty Underwriter (CPCU)
Associate in Risk Management (ARM)
Former Licensed resident PA producer, No. PA 623283 (2001-4004)
Former Surplus Lines Broker (PA) - 2013-2015
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: ARIAS (Member, Arbitrator)
RAND Corproation, Senior Fellow, Institute for Civil Justice (ICJ)
RAND, Advisory Board, former member (2003-2005)
ACE INA Group, Board of Directors, former member
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Over four dozen speaking engagements and articles including 4 presnentations on terrorism and TRIA at consecutive RIMS national conventions from 2002 through 2005, CSPAN televised debate on TRIA in July 2005, several recent articles on terrorism insurance as the "expert commentator" for IRMI at their wensite (irmi.com), and a CE and CLE accredited three hour course delivered to a class on terrorism insurance and TRIA for the Insurance Society of Philadelphia in early 2007.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
Q: On how many occasions have you been retained as an expert?
A: Over 50 as of May 2016
Q: For what area(s) of expertise have you been retained as an expert?
A: Underwriting and/or claims customs and practices as respects:
- D&O and EPLI Insurance (primary and excess)
- Treaty Reinsurance XOL contracts - coverage for related claims, application of Aggregate Extension wordings
- Excess & Umbrella Insurance - including Bermuda Market Occurrence Reported policy forms and applications
- Duties of a broker in negotiating coverage on renewal and advising the insurance buyer
- Prospective or retroactive financial reinsurance or insurance
- Allegations of bad faith in an insurer's denial of coverage or recision of a policy
- MGA program business - roles and responsibilities of MGA, reinsurance broker, reinsurer, and insurer
- Products Liability Insurance & Integrated Occurrence or Batch Coverages - Underwriting Intent and Applicant' duty to disclose
- Importance of an unqualified CPA opinion in an insurer's due diligence underwriting process
Q: In what percentage of your cases were you retained by the plaintiff?
Q: In what percentage of your cases were you retained by the defendant?
Q: On how many occasions have you had your deposition taken?
A: Over 20
Q: When was the last time you had your deposition taken?
A: March 2016
Q: On how many occasions have you been qualified by a court to give expert testimony?
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Over 20
Q: For how many years have you worked with the legal industry as an expert?
A: Ten (Since mid-2006)
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Expert consulting and witness services as respects casualty insurance and resinurance underwriting and claims practices.
Underwriting Audits for Insurers or Reinsurers
Strategic Consulting for investors, think tanks, and lawyers
Q: What is your hourly rate to consult with an attorney?
A: No charge for initial 3-4 hours discussion.
Q: What is your hourly rate to review documents?
Q: What is your hourly rate to provide deposition testimony?
Q: What is your hourly rate to provide testimony at trial?
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Travel expenses, lodging and meal per diem are in addition to hourly fees at cost.
No charge for travel time under 3 hours door-to-door.
Non-refundable retainer of required at inception and applicable as a credit to the final invoice.
Stroock Stroock & Lavan
180 Maiden Lane
New York, NY
Butler, Rubin, Santorelli & Boyd
Brad Rosen, Esq.
Quinn Emanuel LLP
Stephen Bracy, Esq.
Alston & Bird
- "Introduction to Reinsurance", IRMI "Risk Financing", 2009
- "Residential Insurance on the US Gulf Coast in the aftermath of Hurricane Katrina: A framework for evaluating potential reforms", RAND 2010
- "California's Volatile Workers Compensation Market: Problems and Recommendations for Change:, RAND, 2009
- "Commercial Wind Insurance in the Gulf States: Developments since Hurricane Katrina and challenges moving forward", RAND, 2007
- "Underwriting Discipline in a Softening Market", John Liner Review 2005