James W. Macdonald, ARM

JW Macdonald Associates, LLC
241 Monroe Street
Philadelphia, PA 19147
Phone: 215-908-4766
Fax: 215-574-1507
 James W. Macdonald, ARM

Mr. Macdonald has over thirty-five years of P&C senior underwriting experience with market leading insurers and reinsurers including AIG, ACE, CNA, and Munich American Re. His additional experience as an MGA (managing general agent) and as a surplus lines broker gives him a unique perspective as an expert witness. From 2002 to late 2005, he was the EVP & Chief Underwriting Officer for ACE USA, one of the nation's largest commercial insurance companies. In the mid-nineties, he was the President & COO of CNA HelathPro which, in 1997, became the nation's largest medical malpractice insurer under his leadership.

In mid-2006, Mr. Macdonald began his professional consulting career with Navigant Consulting, Inc ("NCI"). During his two years at NCI, he sucessfully represented large and small insurers and policyholders in numerous disputes involving a range or underwriting or claims issues. Specific examples include whether a fronting insurer performed a proper due diligence of an MGA for program business, whether a RICO exclusion should have been attached to Managed Care D&O policies in the late nineties, and to what extent fronting insurers were accountable for the underwriting governance of MGA programs.

Considered an "underwriter's underwriter" in a late 1980's trade journal survey that ranked him as one of the top ten reinsurance underwriters in the USA, Mr. Macdonald has exceptional insight into specialty casualty commercial lines.

In June 2008, Mr. Macdonald launched JW Macdonald Associates, LLC to enable a broader range of customers including plaintiff attorneys leading class action initiatives and reinsurers. He is currently available for consultation either through his continuing affiliation with Navigant or through his new LLC.

A recognized-thought leader in the P&C industry, Mr. Macdonald is a frequent speaker at industry events and in trade publications.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Associate in Risk Management (ARM)

Former licensed P&C insurance agent, PA (2001-2003)

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Professional Liability Underwriting Society (PLUS, Member
RAND Corproation, Insitute for Civil Justice, 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: Numerous speaking enagaements 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)
A: PA insurance license expired due to lack of CE credits.

Q: On how many occasions have you been retained as an expert?
A: Eight

Q: For what area(s) of expertise have you been retained as an expert?
A: 1) Custom and practice of an MGA, insurer, or reinsurer in the management of programs, treaties, or individual policies, 2) Rebuttal reports and audits assessing governance issues and underwriting or brokering practices.

Q: In what percentage of your cases were you retained by the plaintiff?
A: 20%


Q: In what percentage of your cases were you retained by the defendant?
A: 80%

Q: On how many occasions have you had your deposition taken?
A: Two.

Q: When was the last time you had your deposition taken?
A: June 2008.

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Only arbitrations so far as respects testifying. Litigation experience is limited to expert reports accepted by courts.

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Three

Q: For how many years have you worked with the legal industry as an expert?
A: Two

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Merger, Acquirion & Strategic Analysis plus Expert Audits, reports, testimony and on-going assessment and critical advice based on depositions and reports during discovery period.

Q: What is your hourly rate to consult with an attorney?
A: Normally charge for travel or pre-enagement research or interviewing.


Q: What is your hourly rate to review documents?
A: $350

Q: What is your hourly rate to provide deposition testimony?
A: $450

Q: What is your hourly rate to provide testimony at trial?
A: $500

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 ins addition to hourly fees.

References

References available upon request.