Canadian D & O Insurance Coverage Matter

PricewaterhouseCoopers, Inc. retained Ball Janik LLP 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.

Ball Janik provided expert testimony, 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.

Our expert testimony focused on the interplay between U.S. and Canadian insurance coverage law in this Canadian action.

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

James T. McDermott (litigation partner) and Kevin S. Mapes (litigation partner) handled this matter for PricewaterhouseCoopers, Inc.

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