Kevin P. McCarthy

Represented general contractor client on insurance risk and minimize liability exposure by examining loss run and insurance coverage and additional insured status for on-going projects to minimize exposure and maintain preservation of assets.

Successfully tried matter and received full defense verdict and judgment for HVAC/Sheetmetal subcontractor against large national insurer on claims relating to breach of contract and defense/indemnity obligations including recovery through equitable subrogation rights.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Successfully took matter through jury trial in Alameda County and achieved full value resolution after the close of our case-in-chief.

Received full value award following a three week arbitration hearing involving an employee-related fraud and embezzlement action.

Obtained substantial fraud and misrepresentation verdict against a former employee of a construction company based on embezzlement and misappropriation of funds.

Obtained defense verdict for waterproofing construction company on high-level condominium project in San Francisco.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Successfully tried matter and received full defense verdict and judgment for HVAC/Sheetmetal subcontractor against large national insurer on claims relating to breach of contract and defense/indemnity obligations including recovery through equitable subrogation rights.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Successfully obtained a substantial award in arbitration for impact and unpaid progress invoices and unapproved and unpaid change orders for a subcontractor on a prominent automotive facility project regarding payment and delay claims.

Represent general contractor on multi-million-dollar construction of a Silicon Valley apartment complex and obtain judgments and maximized settlements from other culpable construction parties based on defective workmanship and design.