Kevin J. McConville

Education

University of San Diego School of Law, San Diego, California
Juris Doctor, 1990

Kearney State College, Kearney, Nebraska (University of Nebraska-Kearney)
B.A., Business Administration, Personnel Management

Experience

For over 25 years, Kevin McConville has practiced in areas of business and real estate litigation, construction law, construction defect litigation and insurance coverage.  Mr. McConville’s vast experience includes senior level case and trial responsibilities for complex litigation, including Declaratory Relief Actions, Equitable Contribution and Subrogation, Insurance Bad Faith and Complaints in Intervention in Federal and State Courts. His responsibilities include preparing comprehensive coverage opinions and issuing denial and reservation of rights letters for third party property damage and general liability claims and as senior trial counsel in defending general contractors and target subcontractors (roofers, mass graders, framers, concrete subcontractors, and other trades) in complex construction defect matters, including property damage, mold claims, and construction injury claims, including handling all phases of claim investigations, pleadings, discovery, expert and percipient depositions, pre-trial work, trial, arbitration and ADR case resolutions.

Representative Cases

Great American Insurance Company v. ACE American Insurance Company et al.
Alameda County Superior Court, Case No. RG 06-268293

  • Retained By: Great American Insurance
  • Facts: Declaratory Relief/Equitable Contribution action against additional insured carrier ACE American involving the bodily injury obligations under Cingular Wireless’s national general liability policy with a 5 million dollar deductible endorsement (fronting policy).
  • Outcome: Obtained both defense and indemnity participation through ADR case resolution.

PMA Capital Insurance Company v. Aluminum Technology, Inc.
U.S. District Court for the Central District of California, Case No. ED CV 05-00653

  • Retained By: Intervenor Plaintiff Great American Insurance Company
  • Facts: A multi-insurer claim involving deductible recoveries on 103 underlying construction defect cases.
  • Outcome: Obtained full deductible recovery on all Great American claim files following successful Malone dismissal motion.

Rancho Valencia Resort v. Red Tail Associates, et al.
San Diego County Superior Court, Case No. GIN 023774

  • Retained By: Rancho Santa Fe Farms Golf Club
  • Facts: A 20 million dollar adjoining landowner nuisance claim involving surface water and subterranean water issues.
  • Outcome: Obtained a successful ADR resolution.

USF Insurance Company v. Michael Barry Evans, et al.
Riverside County Superior Court (Indio), Case No. INC 054406

  • Retained By: USF Insurance Company
  • Facts: A Declaratory Relief/Equitable Contribution action involving a 2 million dollar fire loss.
  • Outcome: Obtained a successful ADR resolution.

Liberty Mutual Insurance Company v. Hendrickson Roofing, et al.
Orange County Superior Court, Case No.817342

  • Retained By: Beven-Herron, Inc. (framer/trusses)
  • Facts: 1 million dollar commercial property damage/subrogation claim.
  • Outcome: Negotiated a dismissal with prejudice in return for a waiver of costs.

Professional Associations / Memberships

  • State Bar of California, Bar No. 149669, Admitted 1990
  • United States District Court, Northern, Eastern, Central and Southern Districts of California
  • United States Court of Appeals for the 9th Circuit