Kevin O’Brien practices in the area of insurance with a focus on complex insurance coverage and extra-contractual litigation and counseling, along with some insurance defense litigation. In the insurance coverage practice area, he handles complex first- and third-party coverage matters in both state and federal courts, including matters involving Commercial Property, Commercial General Liability (including construction defects and contractor’s liability), Condominium Property, Motor Truck Cargo, Marine Cargo, Dealer’s Open Lot, Garage Keepers Legal Liability, Truckers’ Liability, E&O, Law Enforcement Liability, Public Officers & Employees Liability, Jeweler’s Block and Homeowners insurance policies. He both represents and advises insurers on such matters, including providing coverage opinions and advice, assisting with Examinations Under Oath and representing insurers in coverage and “bad faith” / extra-contractual litigation.
Kevin is a North Carolina Dispute Resolution Commission certified Superior Court Mediator and leads Phelps' insurance team in Raleigh.
Experience
- Obtained summary judgment of no duty to defend and no duty to indemnify for an insurance carrier client regarding a multi-million dollar underlying litigation involving alleged trade secret, copyright, and other computer and statutory claims. Nautilus Ins. Co. v. Philips Med. Sys. Nederland B.V., No. 3:20-CV-00571-GCM, 2021 WL 2941557 (W.D.N.C. July 13, 2021).
- Represented an insurer on a commercial property fire loss and obtained a dismissal on a motion to dismiss of all claims other than the standard breach of contract claim, including dismissal of all “bad faith” and Unfair and Deceptive Trade Practices Act claims. Am. Select Ins. Co. v. Nat. Blend Vegetable Dehydration, LLC, No. 4:17-CV-178-BR, 2019 WL 1317712, at *7 (E.D.N.C. Mar. 22, 2019).
- Represented insurer in a Unfair and Deceptive Trade Practices Act (extra-contractual) claim, and obtained summary judgment for insurer at the U.S. District Court and an affirmance by the Fourth Circuit Court of Appeals. Biltmore Ave. Condo. Ass'n, Inc. v. Hanover Am. Ins. Co., No. 1:15-CV-00043-MR-DLH, 2017 WL 927259, at *5 (W.D.N.C. Mar. 8, 2017), aff'd, 706 F. App'x 144 (4th Cir. 2017).
- Represented multiple insurers on commercial property claims and obtained a dismissal on a motion to dismiss of plaintiff’s unfair and deceptive trade practices claim and purported punitive damages claim. Rivercliff Properties, Inc. v. Certain Int. Underwriters at Lloyds London Subscribing to Certificate AVAC084293, No. 5:16-CV-215-BO, 2016 WL 5921775, at *3 (E.D.N.C. Oct. 11, 2016).