Kevin P. Moloughney

02/25/2020
Kevin P. Moloughney
Attorney

Kevin P. Moloughney

Attorney

Kevin P. Moloughney

Summary

Since 1994, Kevin has concentrated his practice on the defense of personal injury and property damage claims. He has successfully defended matters involving first- and third-party automobile matters, product liability, premises liability, construction site liability, professional liability, fire loss, construction defect, condominium law, and consumer law claims. He has also maintained an active practice litigating insurance coverage disputes. Kevin has handled hundreds of cases and has successfully tried matters to verdict in Genesee, Lenawee, Oakland and Wayne Counties.

Practice Areas
General and Automotive Liability
Insurance Coverage
First Party No-Fault
Premises Liability
Construction Defect Liability
Condominium Law

Credentials

Education
  • Detroit College of Law (J.D. magna cum laude, 1994)
  • Michigan State University (B.A. with honors, 1991)
Admissions
  • State Bar of Michigan
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
Professional Activities
  • Association of Defense Trial Counsel
    • Board Member
    • Past President (2013-2014)
  • Defense Research Institute
  • Oakland County Bar Association
  • Case Evaluator for Oakland, Macomb and Wayne Counties
  • Private Arbitrator
Accomplishments
  • Super Lawyers™
    • Personal Injury – Defense (2015-2019)
  • DBusiness® Top Lawyer
    • Product Liability (2017)
  • Leaders in the Law, Michigan Lawyers Weekly (2017)
  • Golden Gavel Award Recipient, Westfield Insurance (2013)
  • American Jurisprudence Award Recipient
  • Clarence Burton Real Property Award Recipient
  • Martindale-Hubbell® AV Preeminent Rated
Publications & Speaking Engagements

Kevin has lectured for in-house clients on topics relating to Michigan tort litigation.

Attorneys Kevin Moloughney and Kari Melkonian obtained summary disposition for a condominium association in Dearborn’s 19th District Court.

Attorneys Kevin Moloughney and Kari Melkonian obtained summary disposition for a condominium association in Dearborn’s 19th District Court. The plaintiff sued the association to challenge fines and assessments levied against his unit. The Court held that the plaintiff couldn’t prove that he received insufficient notice or that the fines were improper. So it granted Kevin…

Attorneys Kevin Moloughney and Patrick Walbridge Obtain Summary Disposition on Auto-Negligence Claim

Collins Einhorn attorneys Kevin P. Moloughney and Patrick J. Walbridge won summary disposition on a third-party auto-negligence claim, based on the plaintiff’s failure to prove that he suffered an objectively manifested impairment of an important body function. The Court agreed that the medical records relied on by the plaintiff only demonstrated subjective complaints, which were insufficient to meet the serious impairment threshold imposed by the Michigan No-Fault Act.

Attorneys Walbridge and Moloughney Obtain Summary Disposition on Deficient Assignment of Rights

Judge Warren of the Oakland County Circuit Court granted Defendant’s motion for summary disposition in a case where medical providers submitted assignments purporting to transfer their patient’s right to collect PIP benefits from two companies that were not Defendant. Plaintiffs argued that these assignments should allow them to bring a cause of action against Defendant, an automobile insurance company, because of its business relationship with the other companies. They claimed Defendant and the other companies were all essentially the same entity and it was just a clerical mistake that the assignments did not name Defendant. Judge Warren agreed with defense attorneys Patrick J. Walbridge and Kevin P. Moloughney, who argued that the assignments could not be construed as transferring any cause of action against Defendant that the patient might have possessed.

Attorneys Ashley Dickey and Kevin Moloughney Obtain Summary Disposition in Slip and Fall Case

Attorneys Ashley S. Dickey and Kevin P. Moloughney obtained summary disposition in Michigan’s 6th Circuit Court in a slip and fall case involving a snow removal company and third-party beneficiary case on the grounds of no genuine issue of material fact regarding the Plaintiff’s claims and Co-Defendant condominium complex’s claims. Additionally, the Court found that Plaintiff failed to allege a separate and distinct duty that the snow removal company owed her outside of its contractual duties with the condominium complex such that the snow removal company cannot be held liable in tort for non-performance of a contractual duty.

Attorneys Moloughney and Pawlak Obtain Summary Disposition in First-Party No-Fault Case

Attorneys Kevin P. Moloughney and Scott J. Pawlak won summary disposition in Wayne County Circuit Court for defendant insurer in first-party No Fault case. Successfully moved for dismissal of Plaintiff’s entire claim, pursuant to the fraud exclusion of the insurance contract, based on Plaintiff’s fraudulent representations regarding his wage loss claim. More than $650,000 in first-party benefits were extinguished as a result of the decision.

Attorney Kevin P. Moloughney to Receive 2017 Leader in the Law Award

Kevin P. Moloughney has been named a 2017 Leader in the Law by Michigan Lawyers Weekly. Moloughney is known not only for his knowledge of the law, but also his commitment to pursuing his clients’ positions with vigor, and professionalism. He is one of 30 distinguished lawyers who were chosen to receive this prestigious award. A shareholder at Collins Einhorn, Moloughney has successfully defended personal injury and property damage claims for over two decades, including those involving first- and third-party automobile claims, product liability, premises liability, construction site liability, professional liability, fire loss, construction defect and consumer law claims. He also maintains an active practice litigating insurance coverage disputes.

Attorneys Moloughney and Wojno Win Summary Disposition in First-Party No-Fault Case

Attorneys Kevin P. Moloughney and Charles W. Wojno won a summary disposition in a Genesee County Circuit Court in first-party no-fault benefit case. Plaintiff claimed benefits arising out of a motor vehicle accident, including medical expenses, lost wages, and household services. Plaintiff was employed as a chiropractor at his wife’s chiropractor business, and treated with his wife following the accident. The documentation submitted by Plaintiff in support of his claims exposed fraud in his claim for lost wages and household services. A motion for summary disposition was filed on behalf of the insurer arguing plaintiff’s claims were fraudulent under the Michigan Court of Appeals case Bahri v IDS Property Casualty Insurance Co., 308 Mich App 420 (2014) The Court agreed and dismissed Plaintiff’s claims.

Attorneys Pawlak and Moloughney Win Summary Disposition for Insurer in First-party No Fault Case

Attorneys Scott J. Pawlak and Kevin P. Moloughney won summary disposition in Wayne County Circuit Court for insurer in first-party No Fault case. The Court agreed with defendant insurer that a Plaintiff daughter’s claim under her mother’s automobile insurance policy that had been previously rescinded was barred by the collateral estoppel and collateral attack doctrines. The Court further found that there was no factual development that could result in PIP coverage under the policy, and Plaintiff’s claims were therefore dismissed with prejudice.

Attorneys Pawlak and Moloughney Obtain Summary Disposition in No-Fault Automobile Claim

Attorney Scott J. Pawlak and Kevin P. Moloughney won a Summary Disposition in Wayne County Circuit Court, successfully obtaining rescission of a No-Fault Automobile Policy. The Court agreed with the defendant that the insured’s fraudulent representations in the application process were material, and the insurer was therefore entitled to rescind its policy.

Moloughney and Smith Obtain Summary Disposition for Insured Client in Wayne County Circuit Court

Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff contended that the client negligently hired a contractor to perform excavation around the client’s home. The excavator became trapped in a collapsed ditch and plaintiff, a Grosse Pointe Shores Department of Public Safety officer, responded…

Attorneys Melissa Graves and Kevin Moloughney Assume Leadership Roles in Bar Associations

Two Collins Einhorn attorneys will be assuming leadership roles in major bar associations this week. Kevin Moloughney will be installed as the president of the Association of Defense Trial Counsel on Tuesday, May 7, 2013. Kevin practices in the areas of general and automobile liability, insurance coverage, construction defect liability, and premises liability. Melissa Graves…

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