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Tred Eyerly
Honolulu, Hawai`i
I have been a litigator for over thirty years, with an emphasis on insurance coverage issues.
Interests: Traveling, running, reading.
Recent Activity
The court determined that there was a duty to defend allegations that included sexual assault. Med. Malpractice Joint Underwriting Ass'n of R.I. v. Charlesgate Nursing Ctr., 2015 R.I. LEXIS 76 (R.I. June 5, 2015). A resident of Charlesgate alleged that... Continue reading
Posted 3 days ago at Insurance Law Hawaii
A Builders Risk policy's ensuing loss exception to the exclusion for defective design was held inapplicable. Performing Arts Cmty. Improvement Dist. v. Ace Am. Ins. Co., 2015 U. S. Dist. LEXIS 71592 (W. D. Mo. June 3, 2015). Plaintiff oversaw... Continue reading
Posted 5 days ago at Insurance Law Hawaii
The First Circuit reversed the district court's denial of the insureds' claim for coverage despite not being able to locate the actual policy. Cardigan Mt. School v. N.H. Ins. Co., 2015 U.S. App. LEXIS 8725 (1st Cir. May 27, 2015).... Continue reading
Posted Jul 22, 2015 at Insurance Law Hawaii
The Ninth Circuit determined that a mudslide destroying the insureds' home may be covered as a direct loss due to fire that preceded the mudslide. Stankova v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir.... Continue reading
Posted Jul 20, 2015 at Insurance Law Hawaii
In response to a certified question from the Ninth Circuit, the Washington Supreme Court recently found that collapse in a property policy means "substantial impairment of structural integrity." Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co.,... Continue reading
Posted Jul 15, 2015 at Insurance Law Hawaii
The California Court of Appeal affirmed the trial court's denial of the insured's request for independent counsel. Centex Homes v. St. Paul Fire and Marine Ins. Co., 237 Cal. App. 4th 23 (Cal. Ct. App. 2015). Centex, a developer of... Continue reading
Posted Jul 13, 2015 at Insurance Law Hawaii
The insured's claim for flood coverage was denied when the insurer refused to accept an adjuster's report submitted without a proof of loss. Jackson v. Fid. Nat'l Ins. Co., 2015 U.S. Dist. LEXIS 66589 (E.D. La. May 21, 2015). Plaintiff's... Continue reading
Posted Jul 8, 2015 at Insurance Law Hawaii
In responding to a certified question from the U.S. Distric Court, the Hawaii Supreme Court determined that an excess carrier can sue the primary carrier for failure to settle a claim in bad faith within primary limits. St. Paul Fire... Continue reading
Posted Jul 6, 2015 at Insurance Law Hawaii
The court determined that a policy's loss payment provision did not bar a post-loss assignment. One Call Prop. Servs. v. Sec. First Ins. Co., 2015 Fl. App. LEXIS 7643 (Fla. Ct. App. May 20, 2015). After One Cell performed emergency... Continue reading
Posted Jul 1, 2015 at Insurance Law Hawaii
A signed work proposal and unsigned agreement were sufficient to create a "written agreement" to create coverage to the contractor as an additional insured. West Bend Mut. Ins. Co. v. DJW-Ridgeway Bldg. Consultants, Inc., 2015 Ill. App. LEXIS 391 (Ill.... Continue reading
Posted Jun 29, 2015 at Insurance Law Hawaii
The Ninth Circuit found that a pollution endorsement did not cover the cost of retrieving oil barrels that did not discharge pollutants. Guam Industrial Services, Inc. v. Zurich Am. Ins. Co., 2015 U.S. App. LEXIS 9045 (9th Cir. June 1,... Continue reading
Posted Jun 24, 2015 at Insurance Law Hawaii
The Illinois Appellate Court affirmed the trial court's ruling that the insurer had a duty to defend a construction defect case. West Bend Mut. Ins. Co. v. Pulte Home Corp., 2015 Ill App. Unpub. LEXIS 1039 (Ill. Ct. App. May... Continue reading
Posted Jun 22, 2015 at Insurance Law Hawaii
The Sixth Circuit rejected the insurer's claim for reverse bad faith against its insured who made a fraudulent claim after her home was destroyed by fire. State Auto Property and Cas. Ins. Co. v. Hargis, 2015 U.S. App. LEXIS 7475... Continue reading
Posted Jun 17, 2015 at Insurance Law Hawaii
The Indiana Supreme Court reversed summary judgment issued to reinsurer Continental Casualty Company (CNA) and determined it must reimburse the insured for settlement costs under the E & O policy. Wellpoint, Inc., et al. v. National Union Fire Ins. Co.... Continue reading
Posted Jun 15, 2015 at Insurance Law Hawaii
The 2015 Hawaii legislative session passed three insurance-related bills which have all been signed by the governor. Bills that have been enacted are the following: SB0589 - We previously devoted this post to the legislation. The bill provides relief for... Continue reading
Posted Jun 10, 2015 at Insurance Law Hawaii
While some of their claims were dismissed, plaintiffs' breach of fiduciary duty survived the insurer's motion to dismiss. Senft v. Fireman's Fund Ins. Co., 2015 U.S. Dist. LEXIS 61870 (D. N.J. May 12, 2015). Plaintiffs' waterfront home was insured by... Continue reading
Posted Jun 8, 2015 at Insurance Law Hawaii
Applying the manifestation trigger, the Louisiana Court of Appeal affirmed denial of coverage where the property damage manifested after the policy period expired. Landry v. Williamson, 2015 La. App. Unpub. LEXIS 213 (La. Ct. App. May 1, 2015). On August... Continue reading
Posted Jun 3, 2015 at Insurance Law Hawaii
The federal district court considered a variety of discovery requests by the insured in a bad faith case against State Farm. Stephens v. State Farm Fire and Cas. Co., 2015 WL 1638516 (M.D. Pa. April 13, 2015). The insured plaintiff... Continue reading
Posted Jun 1, 2015 at Insurance Law Hawaii
The employee exclusions in the employer's CGL and Umbrella policies barred coverage. Piatt v. Indiana Lumbermen's Mut. Ins. Co., 2015 Mo. LEXIS 32 (Mo. April 28, 2015). Linda Nunley was killed while working for Missouri Hardwood Charcoal, Inc. The kiln's... Continue reading
Posted May 27, 2015 at Insurance Law Hawaii
In a dispute between the excess and primary carriers, the Fifth Circuit determined the primary policy was exhausted, triggering coverage under the excess policy. Amerisure Mut. Ins. Co. v. Arch Spec. Ins. Co., 2015 U.S. App. LEXIS 6627 (5th Cir.... Continue reading
Posted May 20, 2015 at Insurance Law Hawaii
The insured's claim for bad faith investigation regarding their hail damage claim did not survive the insurer's motion for summary judgment. Amarillo Hospitality Tenant, LLC v. Mass. Bay Ins. Co., 2015 U.S. Dist. LEXIS 56228 (N. D. Tex. April 29,... Continue reading
Posted May 18, 2015 at Insurance Law Hawaii
The Hawaii legislature passed a bill in its recently concluded session to protect homeowners and businesses affected by lava flows from losing coverage. The Puna district on the Big Island was severely impacted by the Pu`u O`o lava flow as... Continue reading
Posted May 13, 2015 at Insurance Law Hawaii
The Illinois Court of Appeals held that the insurer had a duty to defend a consolidated case that included one complaint alleging intentional acts and another complaint alleging negligence. Farmers Auto. Ins. Ass'n v. Neumann, 2015 Il. App. 140026 (Ill.... Continue reading
Posted May 11, 2015 at Insurance Law Hawaii
In a dispute between two insurers, the court denied a motion for judgment on the pleadings because there were disputed facts on whether operations were completed at the time of the injury. Citizens Ins. Co. of Am. v. Selective Way... Continue reading
Posted May 6, 2015 at Insurance Law Hawaii
The Eleventh Circuit affirmed the district court's finding of a duty to defend, but reversed, in part, the insurer's duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a... Continue reading
Posted May 4, 2015 at Insurance Law Hawaii