Kathleen A. McCarthy

Associate
Kathleen McCarthy focuses her practice in the areas of insurance law, representing and defending insurance carriers in coverage and other first party matters at the pre-trial, trial, and appellate court levels.
photo of attorney Kathleen A. McCarthy

Overview

Kathleen is a civil defense attorney who has worked with a wide variety of insurance companies, medical facilities, homeowners’ organizations, and other entities throughout pre-litigation, post-suit, arbitration, and appellate matters.

She focuses her practice on insurance coverage and extra-contractual disputes, and has represented clients in hundreds of matters involving insurance issues, including first party property insurance disputes, commercial general liability coverage, homeowners insurance coverage, personal and commercial auto liability coverage, and uninsured/underinsured coverage.

Kathleen assists her clients in navigating the intricacies of Missouri insurance law and enjoys speaking and presenting on current issues affecting insurance companies in Missouri, Kansas, and across the United States. Kathleen has also successfully represented clients in appeals before the Missouri Supreme Court, Missouri and Kansas appellate courts, and the Eighth Circuit.

A St. Louis native, Kathleen graduated from St. Louis University and SLU Law before embarking on her legal career. In her free time, she enjoys hiking, traveling, and visiting St. Louis’ local museums and institutions.

Past Results

  • Cardinal Bldg. Materials, Inc. v. Amerisure Ins. Co., No. 4:20CV963 HEA, 2023 WL 2072387 (E.D. Mo. Feb. 17, 2023). United States District Court for the Eastern District of Missouri granted summary judgment for insurance company following nearly ten years of insured-plaintiff’s failure to cooperate in property damage claim investigation.
  • Haywood v. KC Waterpark Mgmt. LLC, 512 P.3d 233 (Kan. Ct. App. 2022). Kansas Court of Appeals upheld district court’s order enforcing settlement agreement between parties after plaintiff-appellant argued no agreement had been formed.
  • Gateway Clippers Holdings LLC v. W. Bend Mut. Ins. Co., 557 F. Supp. 3d 925 (E.D. Mo. 2021), appeal dismissed, No. 21-3160, 2022 WL 4490620 (8th Cir. May 23, 2022). United States Court of Appeals for the Eastern District of Missouri granted insurer’s motion to dismiss breach of contract and vexatious refusal suit related to Covid-19 business interruption claims.
  • Day Advert., Inc. v. Hasty, 606 S.W.3d 122 (Mo. Ct. App. 2020). Missouri Court of Appeals for the Western District upheld circuit court’s grant of summary judgment in legal malpractice suit.
  • General Credit Acceptance Company, LLC v. Vincent, 570 S.W.3d 42 (Mo. 2019). Following class certification order entered by trial court in a UCC consumer class action lawsuit, the Missouri Supreme Court granted a writ and ordered the trial court to decertify the class. The Vincent opinion routinely cited by defendants in opposition to class certification motions and is considered a landmark decision in this area of the law.

Professional Affiliations

  • DRI
  • Bar Association of Metropolitan St. Louis
  • Missouri Organization of Defense Lawyers
  • American Bar Association

Practices

Education

  • St. Louis University School of Law (J.D., 2016)
  • St. Louis University (B.A. History, Political Science, 2010)

Bar Admissions

  • Missouri
  • Kansas
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the District of Colorado