Timothy P. Kitt
Associate
Biography
BIOGRAPHY
Tim's practice has primarily focused on providing advice and litigating coverage issues that arise in long-tail claims from construction projects, addressing additional insured issues, and handling contribution claims. Tim also handles evaluation and litigation coverage for professional liablity exposures, as well as property damage caused by environmental contamination and habitability disputes.
Memberships
- San Diego County Bar Association
- University of Arizona Communication Department Advisory Board
Before Nicolaides
Before joining Nicolaides, Tim worked at another firm where he also focused on insurance coverage litigation. While attending Thomas Jefferson School of Law, he served as a mediator for the San Diego Superior Court Small Claims Division and worked as a law clerk supporting a law firm's personal injury, subrogation, and complex litigation team.Outside Nicolaides
Tim enjoys spending time exploring San Diego with his wife and two girls. Having played hockey his entire life, he can be found on the ice a few nights a week at local rinks and tournaments throughout Southern California.EXPERIENCE
- Following discovery, obtained summary judgment against insured for failure to substantiate “direct physical loss of or damage to” under first-party business interruption policy coverage.
- Secured summary judgment on basis that other insurer’s claims for equitable contribution were time-barred by California’s two-year statute of limitations.
- Obtained summary judgment in favor of insurer regarding application of “unavailability exception” in environmental liability coverage case under Alabama law.
- Represented insurers at mediations and settlement conferences addressing coverage, allocation, and bad faith allegations.
- Obtained favorable 12(b)(6) Motion to Dismiss ruling for client against claims of civil conspiracy and fraud.
- Secured funding and negotiated settlement involving many insurers to resolve defect claims arising out of construction of large apartment complex.
- Litigated strategically to obtain favorable settlements in lawsuits involving claims of bad faith and disputes over obligations owed to additional insureds arising out of alleged defects in multi-party construction projects.