Timothy W. Kenna

Partner

Los Angeles – Downtown, CA
D 213.615.7016
[email protected]

Education

  • University of San Francisco School of Law, San Francisco, California
    • J.D. – 1974
    • Law Review: University of San Francisco Law Review, Assistant Editor, 1973 – 1974
  • University of California, Santa Barbara
    • B.A., With Honors – 1971
Overview

Tim Kenna is a partner in Freeman Mathis & Gary’s Los Angeles office, Vice Chair of the firm’s Insurance and Bad Faith Practice Section and head of the Section’s California team.  Mr. Kenna has over 40 years of experience representing counter parties in complex insurance, reinsurance, fidelity, surety, insurance professional, commercial, title, escrow and construction disputes including the defense of bad faith and other direct suits against insurers.

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Bar Admissions

California, 1975

Ninth Circuit Court of Appeal, 1975

Supreme Court of the United States of America, 2014

United States District Court for the Central District of California, 1975

United States District Court for the Eastern District of California, 2012

United States District Court for the Federal Circuit, 2013

United States District Court for the Northern District of California, 1976

United States District Court for the Southern District of California, 1977

Publications & Engagements
  • Mass Tort Litigation Under California’s Unfair Competition Act, Los Angeles County Bar Association, October, 2001
  • Comment: The Patient-Physician Relationship; Present Law and Trends for the Future Implied in Cabbs v. Grant, 8 U.S.F.L. Rev. 320, 1973
Representative Cases & Clients

Representative Commercial and Reinsurance Arbitrations to Award

  • Confidential, ARIAS (2017)
  • Allianz v. Nationwide, ARIAS (2015)
  • Confidential, ARIAS (2014)
  • Fidelity National Insurance Company, Inc. v. St. Paul Fire and Marine Insurance Company (Stone). Representing ceding insurer in proceeding against reinsurer to recover extra contractual damages awarded in underlying action.
  • W.E. Love & Associates, Inc. v. North American Specialty Ins. Co., American Arbitration Association, 72-181 Y 01325 03 SHST (March 14, 2007). Represented insurer in action against Managing General Agent/Third Party Administrator to recover extra contractual payment in underlying death case.
  • Western Medical Hospital Assn. v. Truesdail Laboratories, Inc., American Arbitration Association.  Represented Third Party Administrator in proceeding brought by hospital for payment under ERISA plan for treatment of brain injury to employee.
  • Pacific Window Corporation, Inc.  v. Sponsored Marketing Administrators, Inc., American Arbitration Association.  Represented Third Party Administrator in proceeding by employer sponsor of ERISA plan for payments to hospital for delivery and treatment of bad baby.

Representative Appeals Resulting in Decisions

  • Burgers v. Cardenas, 2017 Cal. App. Unpub. LEXIS 3985. Non-Published (California Court of Appeals, Fourth Appellate District, 06/09/2017)
  • Kniffen v. Garcia, B264199. Non-Published (California Court of Appeals, Second Appellate District, 12/28/16)
  • Hanassab v. Zloof, 2016 Cal. App. Unpub. LEXIS 2616. Non-Published (California Court of Appeals, Second Appellate District, 04/12/2016)
  • Diamond v. Reshko, 239 Cal. App. 4th 828 (California Court of Appeals, First Appellate District, 08/20/2015)
  • Rychlec v. CBS Studio Ctr., 2015 Cal. App. Unpub. LEXIS 1661. Non-Published (California Court of Appeals, Second Appellate District, 03/09/2015)
  • Elliott v. Geico Indemnity Co., (2014) 231 Cal. App. 4th 789 (California Court of Appeals, Third District, 11/19/2014)
  • Antoine-Little v. Smedley, 2012 Cal. App. Unpub. LEXIS 1594. Non-Published (California Court of Appeals, Fourth Appellate District, 03/01/2012)
  • Wallman v. Suddock, 200 Cal. App. 4th 1288 (California Court of Appeals, Second Appellate District, 11/17/2011)
  • Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072 (California Court of Appeals, Fourth Appellate District, 02/16/2011)
  • Chicago Title Ins. Co. v. AMZ Ins. Services, Inc., 188 Cal.App.4th 401 (California Court of Appeals, Fourth Appellate District, 2010)
  • Marquez Knolls Property Owners Assn, Inc. v Executive Risk Indem. Inc., 153 Cal.App 4th 228 (California Court of Appeals, Second District, 07/12/2007).
  • Santa Barbara Villas, et al. v. Manchester Insurance Agency et al., 2d. Civ No. B177933 ). Non-Published. (California Court of Appeals, Second Appellate District, 2005)
  • Universal Underwriters Inc. v. Sentry Insurance Co., Non-Published. (2nd Cal. App. Dist, 2005).
  • Schackelford et al. v. The Ohio National Life Ins. Co., D043503. Non-Published. (4th Cal. App. Dist., Div.1; 09/16/2004).
  • Rashti v. Miod et al., B164954. Non-Published (2nd Cal. App. Dist., Div. 4; 12/22/2003).
  • Aranoff Brothers, A.B.2 et al v. Sherwood Insurance Services et al., BB160164. Non-Published (2nd Cal. App. Dist., Div.3; 10/23/2003).
  • Natel Engineering Co., Inc. v. Associated International Insurance Co., B156577. Non-Published (2nd Cal. App. Dist., Div. 1; (07/29/2003).  (BC 226272)
  • Natel Engineering Co., Inc. v. Associated International Insurance Co., B173292. Non-Published (2nd Cal. App. Dist., Div. P; 12/22/03).  Represented respondent insurance broker for professional liability in bad faith suit for damages arising from disputed coverage for Northridge earthquake losses.
  • El Rey Ensch v. Zou, 2003 WL 1084879.  Non-Published (Cal. App. 4th Dist., Mar 12, 2003) (No. E029403).
  • Samadi Inc., dba H. Art Const. v. American Motorists Ins. Co., B131021. Non-Published. (2d. Cal.App. Dist., Div. 2, 2003)
  • El Rey Ensch v. Top Notch Towing, 2002 WL 31876007. Non-Published (Cal. App. 2 Dist., 12/27/02).  (Case No. B158414)
  • Terray v. Bruce Roberts Ins. Ser. Inc., 2001 WL 1408463. Non-Published (Cal.App. 4 Dist; 11/09/01) (Case No. G026222).  Represented respondent insurance agent in action for professional liability.
  • Kim V. L.A.County Metro. Trans. et al., B133806. Non-Published (2nd Cal. App. Dist., Div. 3; 09/26/2000)
  • Communication Facility Mgmt. Co. V. Shield & Smith, B125514. Non-Published (Dismissed by opinion, 2nd Cal. App. Dist., Div. 7; 02/14/2000)
  • Tri West Insurance Services, Inc. v. Seguros Monterrey Aetna, S.A., 78 Cal.App.4th 672 (California Court of Appeals, Second Appellate District, 01/26/2000)
  • Seguros Monterrey Aetna v. Tri West Insurance Services, Inc., 93 Cal.Rptr. 2d 78 (2nd Cal.App, Dist., Div 5; 1/26/2000) Represented appellant insurance broker following disputed coverage for trucking cargo loss involving cross-border shipping.
  • Doega v. Cartel Marketing Inc., B123122. Non-Published (2nd Cal. App. Dist., Div. 7; 12/15/1999). Represented respondent insurance broker in suit for professional liability and unfair competition in Business & Professions Code Section 17200 action against insurers and others involved in sales of liability insurance at automobile dealerships.
  • Estate of Harley D. Wagle, Deceased v. Old Republic Surety Co.,   E021787.  Non-Published (4th Cal. App. Dist., Div. 2; 10/18/1999).  Represented respondent surety in surcharge proceedings under fiduciary bond.
  • Jefferson Insurance Company of NY v. Central Mutual Ins. Co., B127081. Non-Published. (2nd Cal. App. Dist., Div. 7; 09/14/1999).  Represented respondent insurer in suit involving priority of insurance relating to landslide damages.
  • Brafman v. Truck Ins. Exchange., B121930. Non-Published (2nd Cal. App. Dist., Div. 7; 04/26/1999). Represented respondent contractor in suit for construction defect coverage.
  • Stonewall Ins., Co. v. Central Mutual Ins. Co., B117701. Non-Published (2d. Cal.App. Dist., Div. 7; 04/19/1999). Represented respondent insurer in action for contribution for landslide damages arising from City’s negligent design and maintenance of its storm drain system.
  • Stonewall Insurance Company v. Palos Verdes Estates, B117701. Non-Published. (2nd Cal.App. Dist., Div. 7; 04/19/1999). Represented respondent insurer in appeal of judgment of contribution for landslide damages.
  • Inter Mountain Mortgage, Inc. v. Sam Sullivan, E024780.  Non-Published. (4th Cal. App. Dist., Div. 2; 1999).  Represented respondent surety in suit on notary bond.
  • Kevins v. Bank & Trust, E021971. Non-Published (4th Cal. App. Dist., Div.2; 1998). Represented respondent surety in suit on fidelity bond.
  • In re Marriage of Oropallo, 68 Cal. App. 4th 997Represented respondent attorneys in suit for legal malpractice in the foreclosure of property.
  • Redeemer Lutheran Church v. Mutual Insurance Agency, B118727. Non-Published (2nd Cal. App. Dist., Div. 6; 09/16/1998). (Case No. SC017004). Represented respondent insurance agent in action for damages arising from disputed coverage for fire losses.
  • The New England Mutual Life Ins. Co. v. Earl Ritter, B093560 (2nd Cal.App. Dist., Div. 3; 1997). (Case No. LC015172).  Represented respondent in wrongful termination action.
  • Allen Fuller v. Old Republic Surety Co., BAP No. CC 96-1916 (USDC BAP 9th Cir, 12/22/97).  (BK No. LA-94-28125-VZ).  Represented appellee surety in action to receive losses on probate fiduciary bond due to embezzlement of estate assets.
  • Old Republic Surety Co. v Mensch, B095502. Non-Published.  (2nd Cal. App. Dist., Div.1, 1/31/1997).  Represented respondent surety in indemnity action against principal.
  • Industrial Indemnity Ins. Co. v. Northwestern National Ins. Co., C015057. Non-Published (3rd Cal. App. Dist.; 10/24/1995). Represented appellant insurance company regarding priority of policies relating to comatose truck driver found unconscious in ammonia tanker.
  • American National Fire Ins. Co. v. Karen Jeanne Johnson, 93-56410 consolidated with 93-56612 (9th Cir. 1994).  Represented Appellee insurer direct action to collect $3,675,000 arbitration award.
  • Stonewall Ins. Co., v. City of Palos Verdes Estates, 9 Cal.Rptr.2d 663, Review Granted, Previously published at 7 Cal.App.4th 209 (Cal.App. 2 Dist:, 5/15/1992) Case Nos. B023805, B045183, 1992).  Represented appellant excess insurer in appeal relating to priority of policies for landslide damages.
  • Stonewall Insurance Company v. City of Palos Verdes Estates, S027319 (10/19/1995) Transferred to CA 2/7 after grant of review w/Direc to Vac its Decis & to Recon the Cause in light of Montrose V Admiral (1995) 10 Cal 4th 645. Votes: all 7.  Petitions for review after the Court of Appeal affirmed in part and reversed in part a judgment in a civil action. This case concerns which of sequential liability insurance policies provides coverage for progressive injuries, an issue before the court in Montrose Chemical Corp. v. Admiral Ins. Co., S026013. Review, briefing & argument limited to the following issues & any sub-issues fairly included within them: (1) What is the scope of third party liability coverage; 2) How do: (A) Insurance Code provisions defining insurable events (Ins. Code subsection 22, 250); and (B) the policy language limiting definition of “occurrence” to damage which is neither expected nor intended from the standpoint of the insured, affect third party liability coverage?
  • Estate of Richard Schiller, 1994 WL 555360. Non-Published.  Previously published at 28 Cal.App.4th 1707.  (4th Cal.App. Div., Dist. 4; 10/11/94) (Case No. E011632) Represented respondent surety in appeal of probate proceedings.
  • Zurich Ins. Co. v. Transamerica Ins., 34 Cal. Rptr. 2d 913 Review Granted. Previously published at; 29 Cal.App; 4th 1240 (4th Cal. App. Dist; Div 1; 10/27/94). (Case No. 624360). Requested respondent in suit for priority of policies in underlying construction defect action.
  • American National Fire Ins. Co. v. Karen Jeanne Johnson, Non-Published (9th Cir, 1994).(93-56410).  Represented respondent insurer in direct action by judgment creditor to collect $3.7 million judgment
  • American National Fire Insurance Company v. California Insurance Guarantee Association, E010682.  Non-Published (4th Cal. App. Dist., Div. 2; 10/21/93). Represented appellant insurer in claim for contribution for construction defect damages against CIGA.
  • Orapallo v. Orapallo, 68 Cal.App.4th 997 (California Court of Appeals 1992)
  • Stonewall Ins. Co. v. City of Palos Verdes Estates, 7 Cal.App.4th 309, review granted (California Court of Appeals 1992)
  • Miller v. USAA Casualty Ins. Co., B047183 (1989).   Represented insurer in appeal regarding priority of policies in underlying automobile accident action.
  • Zurich-American Insurance Company v. Home Indemnity Company, (1988).  Represented respondent insurer in appeal regarding priority of policies insuring damages arising from construction defects at a development of single family residences.

Representative Trials to Verdict or Decision

  • Studio Spectrum Inc. v. 2100 New Image, Judge Williams D. Stewart LASC-Glendale Case No. 04C00760 (2005). 1 day bench trial. Represented plaintiff distributor for damages from sale of electronics.
  • Canterbury Hotel Corp v. First Specialty Insurance Corp, Judge Ralph Dau LASC (2003). 29 day jury trial. Represented defendant insurer in “bad faith” action arising from disputed coverage for water and mold damage to restaurant.
  • Five Feet Restaurant v. MD Sutton Insurance Agency, LASC (2003). 5 day jury trial.  Represented defendant insurance broker in suit for professional liability for uninsured fire loss.
  • Estate Villas HOA v. Future Estates, Judge Nashimoto, LASC-Torrance (2003).  Defended general contractor in construction defect action.
  • King & Ferlanto v. Ernesto Clark, Judge Paul G. Flynn, LASC Case N. SC068143 (2003) 7 day jury trial. Represented defendant in action for attorneys fees.
  • La Berge v. The Pointe atMalibu, LASC Santa Monica (2002). 10 day bench trial. Defended developer in action for alleged improper placement of fill.
  • Earl Ritter v. The New England Mutual Life Ins.Co., Judge Bruce J. Sottile, LASC Case No. LC015172 (2000), 15 day jury trial.  Represented employer in wrongful termination and breach of contract action.
  • Hugo Dell’Acqua v. Hollingsworth Insurance Agency, Judge Ben T. Kayashimora, SBSC RCV 17935, (2000).  20 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • Canadian Indemnity Ins. Co. v. City ofPalos VerdesEstates, Judge Kurt Lewin, LASC (2000). 7 day bench trial. Represented defendant insurer in suit for rescission of policies and reimbursement of settlements paid in underlying landslide action.
  • Westbrook v. American States, LASC (2000). 3 day bench trial. Represented insurer in action for alleged construction defects.
  • Steven Jacoby v. Leo Medwin, Judge Ricardo A. Torres, LASC BC202571 (11/19/1999).  5 day jury trial.    Represented defendant insurance broker in suit for professional liability arising from robbery loss of uninsured gold bars.
  • Smadi Inc. dba H.Art Construction, Judge Emilie H. Elias (02/04/99). Represented subcontractor to foreclosure mechanics lien and for damages under labor and material bond.
  • Schinke v. Imperial Thrift & Loan, LASC-Glendale (Circa.1999).  10 day jury trial.  Represented plaintiff in suit against lender.
  • Dr. Snaer DDS v. Berge Realty, LASC (Circa.1998).  7 day jury trial.  Represented defendant real estate broker in suit for professional liability arising from sale of apartment complex.
  • Mohammed Abu Gheida v. Provident Life Insurance Company, Judge Christine Schneider USDCCal.CD 97CV4709 (1997). 15 day jury trial.  Represented claimant for disability benefits.
  • Mid-Century Ins. Co. v. Waldeck & Young Insurance Agency, LASC (Circa.1997). 5 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • Topa Ins. Co. v. Hubard-Worthington Ins. Agency, LASC Case No. BC080255 (Circa.1997).  7 day jury trial. Represented defendant insurance broker in suit for professional liability.
  • The Irvine Co. v. Great American Insurance Company, Judge R. Engebresten. OCSC Case No. 699803 (05/15/1996) 13 day jury trial. Represented insurer in “bad faith” action arising from disputed coverage for construction defects at development of high end single family homes.
  • Northbrook Insurance Co. v. Dads Kid Corp., OCSC. (Circa.1996). 17 day jury trial.   Represented defendant insurance broker in suit for professional liability in “bad faith” action relating to disputed coverage for trademark infringement by sale of baseball card collectibles.
  • Botens v. Kimberlin,VCSC-SimiValley(Circa. 1996). 1 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • Delores Gus v. Weinreb & Weinreb, Judge Daniel Curry, LASC Case No. BC123334 (1996). 7 day jury trial.  Represented attorneys in case for legal malpractice in underlying amputation case.
  • Law Offices of Royce & Inferrera v. Harvey Leher,  Judge Alan B. Haber LASC Case No. SC032200 (02/08/1995).  5 day jury trial.  Represented defendant attorney in claims for legal fees and malicious prosecution.
  • Old Republic Surety Co. v Mensch, Judge Emille Elias LASC Case No. BC095590 (05/25/1995).  5 day bench trial.  Represented surety in suit for enforcement of indemnity agreements.
  • Ritchie v. Sather Insurance Services, .  SDSC (Circa.1995).  3 day jury trail.  Represented defendant insurance broker in suit for professional liability.
  • Zurich-American Insurance Company v. Home Indemnity Company, Judge S. Charles Wickersham, SDSC Case no. 624360 (1994).  5 day bench trial. Represented insurer in suit regarding priority of policies in underlying construction defect action.
  • Estate of Michael Morgan Fuller, Judge Martha Golden LASC Case No. P704460 (05/04/1994). 3 day bench trial.  Represented surety in fiduciary bond surcharge proceeding.
  • Industrial Indemnity Ins. Co. v. Northwestern National Ins. Co., Judge K.P.Saiers, SJCSC Case No. 182142 (11/03/1992). Represented defendant insurance company regarding priority of policies relating to underlying suit arising from trucking accident.
  • Sierra Pacific Ins.Co.v. Hamilton Brewart Ins. Agency, SBSC Case No. RCM 060328,Dept7(1990). 15 day jury trial.  Represented insurance agent in action for disputed coverage for apartment house fire.
  • Carpet Service Systems v. The Canadian Indemnity Insurance Company, LASC – Case No. C410367 (Circa. 1989). 20 day jury trial.  Represented defendant insurance broker in suit for professional liability in “bad faith” action arising from disputed coverage for water and mold losses to Persian carpets.
  • Miller v. USAA Casualty Ins. Co., LASC NCC34243B (11/22/1989), 3 day bench trial.  Represented insurer in suit regarding priority of policies in underlying suit arising from automobile accident.
  • Brownell v. Saname, LASC (Circa.1989). 3 day jury trail.  Represented defendant real estate broker in suit for professional liability.
  • Old Republic Ins. Co. v.GoldenStateBonding, Judge Lower, LASC-Dept. 82 (1989). 5 day bench trial.  Represented surety in action against general agent for premiums and permanent injunction.
  • Buch v. Harleigh Sandler Realty, LASC (Circa. 1988). 5 day jury trial.  Represented defendant real estate broker in suit for professional liability relating to sale of single family residence.
  • Majdipur v. Goldens Ins. Ltd., LASC (Circa.1988). 15 day jury trial. Represented defendant insurance broker in suit for professional liability.
  • Penncorp Financial, Inc. v. Penn General Agencies ofCalifornia, Judge Kolts,Dept.37, LASC Case No. C137829 (Circa.1978).  20 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • Zurich Insurance Co. v. Transamerica Insurance Co, SDSC. (1988). Represented insurer in suit regarding priority of policies in underlying construction defect action.
  • Staser v. Metcalf Weeks Insurance Agency, LASC Case No. C605040 (03/16/87).  5 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • Klein v. Hough, LASC-Glendale (Circa.1987).  3 day jury trial. Represented defendant insurance broker in suit for professional liability.
  • Checkmaster v. Commercial Benefit Corp, Judge Xavier Marnell, LASC (Circa.1986). 30+ day jury trial.  Co-trial  counsel representing defendant insurance broker in suit for professional liability and fraud.
  • Rainwater v. McKim, SDSC (Circa. 1986).  3 day jury trial.  Represented defendant real estate broker in suit for professional liability.
  • Holmes v.PrincessPark, SDSC (Circa.1985).  5 day bench trial.  Represented defendant insurance broker in suit for professional liability.
  • O’Donnell v. Watson,   LASC-SWC50021 (Circa.1985). 5 day jury.  Represented defendant real estate broker in suit for professional liability.
  • Bartell v. Signal Hill Medical Clinic,LASC-LongBeach(Circa. 1984). 5 day jury trial.  Represented defendant medical clinic in suit for professional liability.
  • DeBellis TruckingCo.v. Allan Lawrence & Associates, LASC-Norwalk, Case No. C194076 (Circa. 1984). Represented defendant insurance broker in suit for professional liability
  • Smith v. American Pacific Insurance Brokers,   LASC Case No. C320446 (Circa.1983).  5 day jury trial.  Represented defendant insurance broker in suit for professional liability arising from disputed coverage for landslide losses.
  • Dumontv. Bob New, Inc., SCSC (Circa.1982). 5 day jury trial.  Represented defendant insurance broker in suit for professional liability.
  • USF&G v. Pustay,ReddingSuperior Court (Circa.1982). 5 day jury trial.  Represented personal injury victims in declaratory relief action arising from houseboat fire.
  • Stonewall Insurance Co. v. Food Fair Stores Inc, Adams, Scott & Conway etc, et al., Judge Richard Gadbois Jr., LASC (Jan., 1981). 5 month bench trial.  Acted as co-trial counsel for plaintiff insurer to rescind aggregate excess policies for misrepresentation.
Affiliations
  • California State Bar Association
    • Section of Litigation
    • Section of Appellate Law
    • Section of Insurance
  • Los Angeles County Bar Association, Member, 1975 to date
  • American Bar Association, Member, 1975 to date
    • Forum on Construction Law
    • Litigation Section
      • Appellate Practice
      • Construction Litigation
      • Corporate Counsel
      • Insurance Coverage Litigation
      • Professional Liability Litigation
    • Senior Lawyers Division
    • Tort Trial & Insurance Practice Section
    • General Committees
      • Excess Surplus Lines & Reinsurance
      • Fidelity & Surety Law
      • Insurance Coverage Litigation
      • Professional Liability Insurance
  • American Board of Trial Advocates, Advocate 1996 to date
  • Professional Liability Underwriters Society
  • RIMS -The Risk Management Society
Awards and Recognition
  • Certificate of Specialization, Certified Specialist in Appellate Law June 1, 2005 to date
  • Martindale Hubbell Preeminent AV® Rating, 1978 to present
  • Los Angeles Magazine Super Lawyer, 2009 to present
  • California Department of Insurance Education Provider
Classes/Seminars Taught
  • California Insurance Regulations: Annual Program
  • California Bad Faith Law: Annual Program
  • Insurance Hot Topics: Annual Program
  • Reinsurance: Annual Program
  • Intermediaries as Market-Makers: Be Alert to Increasing Liabilities, Third Annual National Errors and Omissions Insurance ExecuSummit -New York, New York
  • Limiting Your Liability as a Notary, 13th Annual National Notary Association Conference -Costa Mesa, California
  • Avoiding the Unauthorized Practice of Law, 8th Annual National Notary Association Conference -Costa Mesa, California
  • Employee Dishonesty Coverage Under the Commercial Crime Policy (Form A) and the Comprehensive Dishonesty, Disappearance and Destruction Policy (Form A), 13th Annual Surety Claims Institute -Lincolnshire, Illinois
  • Avoiding Bad Faith in Handling of Fidelity & Surety Claims, Surety Claims Association of Los Angeles -Los Angeles, California
  • Insurer’s Obligation to Provide Independent (Cumis) Counsel – Washington, D.C.