Practices

Primary Industries

Industry Associations

  • International Association of Insurance Receivers (Director; Co-Chair of Education Committee; Chair of Issues Forum)

Bar & Court Admissions

  • State Bar of California
  • State Bar of Illinois
  • State Bar of Indiana
  • District Courts for the Central, Southern and Northern Districts of California
  • Unites States District Courts for the Northern and Southern Districts of Indiana
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court

Professional Affiliations

American Bar Association

Los Angeles County Bar Association

Women Lawyers Association of Los Angeles

Community Involvement

St. Francis Center, Los Angeles, California

Education

Valparaiso University Law School, J.D.

Ohio Northern University, B.A

Photo of Kathleen M. McCain

Kathleen M. McCain

Counsel
Los Angeles
T: 310.564.2670
F: 310.564.2671
Profile
Representative Matters
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Full Bio

Kathleen McCain routinely handles insurance and reinsurance issues in complex litigation and regulatory disputes. A member of M&R’s Regulatory & Administrative Department, she has over two decades of experience representing insurance regulators in significant insurance insolvency matters.

Ms. McCain has vast experience in litigation at both the trial and the appellate level, and also advises large financial institutions on matters relating to insurance regulation, insurance producer disputes, and regulatory issues. 

Representing companies in sensitive and complex matters, she has successfully resolved reinsurance claims and disputes before state insurance regulators. Ms. McCain routinely represents insurance companies and regulators in rate regulations, complex holding company matters, reinsurance recoverables, asset recovery. She advises on litigation strategies, and routinely counsels insurance regulators on examination, conservation, rehabilitation and liquidation issues.

Ms. McCain was designated as an Accredited Insurance Receiver for Legal and Reinsurance by the International Association of Insurance Receivers.

Community Involvement

Ms. McCain volunteers at St. Francis Center in Los Angeles, California.

Past Experience

Ms. McCain spent over a decade consulting the Ohio Insurance Liquidator before returning to private practice in 2011.

Education

Ms. McCain earned her J.D. from Valparaiso University School of Law in Indiana, and her B.A., in French and Political Science, from Ohio Northern University.

Awards & Recognitions

Ms. McCain is recognized by Martindale-Hubbell as an AV (Preeminent) peer-rated attorney, the highest possible Martindale attorney rating for legal ability and professional ethics.

Representative Matters

  • California Department of Insurance: Assisted the California Department of Insurance in the examination of a title company’s financial practices and an insurance company’s claims practices in relation to the Northridge earthquake.
  • Insurance Holding: Advised a major property and casualty carrier on significant insurance holding company matters.
  • Insurance Liquidation; Insolvency: Provided litigation management and support for liquidator’s lawsuits against Credit General’s officers and directors, outside auditors and reinsurers.
  • Insurance Liquidation; Insolvency: Represented the Insurance Commissioner as liquidator of Executive Life Insurance Company regarding the issue of whether the California liquidation court properly assumed jurisdiction over an out of state partnership that solicited and negotiated a substantial investment with the insurance company in Checker Motors Corp. v. Superior Court (Garamendi), (1993) 13 Cal.App.4th 1007, 17 Cal.Rptr.2d 618.
  • Insurance Liquidation; Insolvency: Represented the Insurance Commissioner as liquidator of Executive Life Insurance Company regarding the issue of whether the California liquidation court had jurisdiction over assets of partnerships where Executive Life had made investments with premium income in Garamendi v. Executive Life Ins. Co.(1993) 17 Cal.App.4th 504, 21 Cal.Rptr.2nd 578. The court held that the liquidation court may exercise jurisdiction over the partnership assets where reasonably necessary to promote the insolvent company’s rehabilitation.
  • Insurance Liquidation; Insolvency: Represented the Insurance Commissioner in Morgan Stanley Mortgage Capital Inc. v. Insurance Comm'r, (9th Cir. 1994) 18 F.3d 790 as liquidator of Executive Life Insurance Company regarding the issue of United States District Court’s dismissal of Morgan Stanley’s diversity action related to the ownership of mortgage notes in deference to the California liquidation court’s assumption of jurisdiction as upheld by the California Court of Appeal in Garamendi v. Executive Life Ins. Co., (1993) 17 Cal.App.4th 504, 21 Cal.Rptr.2nd 578. The Ninth Circuit Court of Appeal held that the full faith and credit statute required that the California Court of Appeal decision be given preclusive effect.
  • Insurance Liquidation; Insolvency: Represented the Insurance Commissioner as liquidator of Mission Insurance Company regarding the issue of statutory priority scheme for creditor claims against an insolvent insurer in American Nat. Ins. Co. v. Low, (2000) 84 Cal.App.4th 914, 101 Cal.Rptr.2d 288.
  • Insurance Liquidation; Insolvency:Represented the Insurance Commissioner as liquidator of the Mission Insurance Companies regarding the issue of a reinsurer’s right to set-off amounts owed to an insolvent insurer’s estate against amounts the insolvent insurer owed to the reinsurer and other affiliated companies in Prudential Reinsurance Co. v. Superior Court (Garamendi), (1992) 3 Cal.4th 1118, 13 Cal. Rptr. 2nd 749, 842 P.2d 48.
  • Insurance Regulatory Issues: Advised a major property and casualty carrier on insurance regulatory issues relating to withdrawal from personal lines of insurance.
  • Lender Placed Rate Issues:  Assisted in the representation of a major property and casualty carrier on lender placed rate issues.
  • Recovery of Assets: Served as the senior litigator for the recovery of assets from reinsurers, brokers, officers, directors, insurers, and outside auditors of the Mission Insurance Companies in connection with the company’s liquidation.
  • Recovery of Assets; Real Estate Partnerships: Served as the senior litigator in the recovery of assets held by real estate partnerships owned or controlled by Executive Life Insurance Company.
  • Rehabilitation & Liquidation: Served as a consultant to the Office of the Ohio Insurance Liquidator for the rehabilitation and liquidation of Credit General Insurance Company and Credit General Indemnity Company.
  • Reinsurance Recovery:  Implemented reinsurance recovery and litigation strategies for the Credit General estates and managed a staff of employees, accountants, consultants and attorneys.
  • Reorganization; Rehabilitation/Liquidation: Served as senior counsel in the reorganization and negotiations related to the rehabilitation/liquidation of Golden Eagle Insurance Company and the transfer of assets to Liberty Mutual Insurance Company.
  • Withdrawals from insurance markets:  Advised a major property and casualty insurer on plans of discontinuance and withdrawals from certain states. 

Media Mentions

Publications

Past Speaking Engagements