Practice Areas
Insurance Defense Law; Insurance Coverage; Products Liability Litigation;
Personal Injury Law; Civil Appeals

Admitted

• 1990, Arizona

Law School

• Law School: University of Arizona, J.D.

Member

• State Bar of Arizona (Member, Fee Arbitration Committee).

Biography

• Mr. McCarthy focuses his practice on civil litigation, including insurance defense and insurance coverage cases. He represents insurance carriers and those they insure as well as contractors, trucking companies, towing companies, retailers, manufacturers, property owners, property managers, grocery stores, convenience stores, and others. His experience encompasses a wide range of litigated claims involving personal injury, product liability, insurance bad faith, premises liability, contract, and indemnity issues. He has served as a Judge Pro Tem of the Maricopa County Superior Court for many years.

Birthplace

• Fort Stewart, Georgia

Cases

• Colorado Casualty Ins. Co. v Safety Control Co., 2012 WL 3964982 (Validity and effect of Damron Agreement involving contractor and its CGL carrier)
• Johnson v. Pointe Community Association, Inc., 205 Ariz. 485, 73 P.3d 616 (Ct. App. 2003)
• Desert Golf Cars v. Yamaha Motor Car Co., 198 Ariz. 103, 7 P.3d 112 (Ct. App. 2000) (recognizing a seller’s right to indemnity from the manufacturer absent proof that the seller modified the product and that those modifications were a substantial cause of the accident)
• State of Arizona v. New Phoenix Auto Auction, Ltd., 185 Ariz. 302, 916 P.2d 492 (Ct. App. 1996)
• In re Johns, 181 B.R. 965 (Bankr. D. Ariz. 1995)
• Meyer v. Lee Collins Air Conditioning Co., 2008 WL 4173238 (Ct. App. Memorandum Decision 2008) (affirming trial court decision to limit contractor’s liability under a commercial indemnity agreement)