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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 insurer's motion for summary judgment to establish there was no coverage for the collapse of the front wall in the insured's home was denied. Desvarieux v. Allstate Prop. & Cas. Ins. Co., 2018 US. Dist. LEXIS 71230 (E.D. Pa.... Continue reading
Posted 4 days ago at Insurance Law Hawaii
The insured's Computer Fraud policy failed to provide coverage for a fraudulent email scheme based upon an exclusion barring coverage where an authorized person entered the insured's computer system. Aqua Star Untied States Corp. v. Travelers Cas. & Sur. Co.... Continue reading
Posted 6 days ago at Insurance Law Hawaii
When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the... Continue reading
Posted Jun 6, 2018 at Insurance Law Hawaii
The Eleventh Circuit, following Florida law, reversed the district court's granting of summary judgment to the insurer for water damage caused by a collapse in the dwelling's plumbing system. Cameron v. Scottsdale Ins. Co., 2018 U.S. App. LEXIS 9800 (11th... Continue reading
Posted Jun 4, 2018 at Insurance Law Hawaii
The Supreme Court of Idaho found that the intentional shooting by a care-taker in the insureds' campground was not covered under the CGL policy. Farm Bureau Mut. Ins. Co. of Idaho v. Cook, 2018 Idaho LEXIS 71 (Idaho March 30,... Continue reading
Posted May 30, 2018 at Insurance Law Hawaii
The district court accepted the magistrate's recommended ruling denying the insurer's motion for summary judgment on breach of contract and bad faith claims in a case involving collapse. Jang v. Liberty Mut. Fire Ins. Co., 2018 U.S. Dist. LEXIS 51880... Continue reading
Posted May 23, 2018 at Insurance Law Hawaii
The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb.... Continue reading
Posted May 21, 2018 at Insurance Law Hawaii
The 2018 session of the Hawaii Legislature recently concluded after enacting six insurance-related measures. Each of the bills have been sent to the governor for signature. Health insurance was the subject of four new measures: HB1520: The bill prohibits an... Continue reading
Posted May 16, 2018 at Insurance Law Hawaii
Spring brought to the Puna District of the Big Island numerous volcanic eruptions causing extensive loss of property. As of late May, the lava was moving at a speed to cover six football fields an hour according to the U.S.... Continue reading
Posted May 14, 2018 at Insurance Law Hawaii
The Fourth Circuit affirmed the district court's determination that the duty to defend was limited by the policy's $100,000 limit. Gemini Ins. Co. v. Earth Treks, Inc., 2018 U.S. App LEXIS 7622 (4th Cir. March 27, 2018). Kelsey Fabian sued... Continue reading
Posted May 9, 2018 at Insurance Law Hawaii
Determining there were no allegations of bodily injury or property damage in the underlying lawsuit, the court found there was no duty to defend or indemnify the condominium's managing agent. State Farm Fire & Cas. Co. v. Certified Mgmt., 2018... Continue reading
Posted May 7, 2018 at Insurance Law Hawaii
The federal district court for the Northern District of California determined the proper forum for a coverage case was Hawaii, not California. Navigators Specialty Inc Co. v. Kapiolani Residential, LLC, 2018 U.S. Dist. LEXIS 47770 (N.D. Cal. March 22, 2018).... Continue reading
Posted May 2, 2018 at Insurance Law Hawaii
The homeowner's suit against the insurer under a lender-placed policy was dismissed for lack of the insured's standing. Joseph v. Praetorian Ins. Co., 2018 U.S. Dist. LEXIS 27731 (S.D. Fla. Feb. 20, 2018). The insurer issued a lender-placed homeowners policy... Continue reading
Posted Apr 30, 2018 at Insurance Law Hawaii
Interpreting Missouri law, the federal district court found that the insurer must defend the negligent misrepresentation claim filed against the insured seller of a home. Am. Family Mut. Ins. Co. v. Spencer, 2018 U.S. Dist. LEIS 44272 (E.D. Miss. March... Continue reading
Posted Apr 25, 2018 at Insurance Law Hawaii
The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy's "ordinance or law" provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools... Continue reading
Posted Apr 23, 2018 at Insurance Law Hawaii
The carrier's attempt to escape arbitration based upon a perceived bias in the insured's selected arbitrator was rejected when the court granted the insured's motion to compel arbitration. Queen's Med. Ctr. v. Travelers Cas. & Sur. Co. of Am., 2018... Continue reading
Posted Apr 18, 2018 at Insurance Law Hawaii
The Nebraska Court of Appeals ruled that the insurer must defend claims of faulty workmanship causing property damage to something other than the insured's work product. Grinnell Mut. Reinsurance Co. v. Fisher, 2018 Neb. App. LEXIS 47 (Neb. Ct. App.... Continue reading
Posted Apr 16, 2018 at Insurance Law Hawaii
Interpreting Hawaii law, the federal district court held that the standard for triggering the duty to defend is the same as the standard for the duty to advance costs under a D&O policy. Maui Land & Pineapple Co. v. Liberty... Continue reading
Posted Apr 11, 2018 at Insurance Law Hawaii
The Florida Court of Appeals recently held the the policy's exclusion for repeated water seepage over a period of fourteen days or more does not exclude loss caused by the seepage for the first thirteen days. Hicks v. Am. Integrity... Continue reading
Posted Apr 9, 2018 at Insurance Law Hawaii
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160... Continue reading
Posted Apr 4, 2018 at Insurance Law Hawaii
The general contractor was not entitled to a defense based upon an exclusion for construction management fees. Houston Cas. Co. v. Cavan Corp .of NY, Inc., 2018 N.Y. App. Div. LEXIS 1138 (N.Y. App. Div. Feb. 20, 2018). Cavan entered... Continue reading
Posted Apr 2, 2018 at Insurance Law Hawaii
Affirming the District Court, the Seventh Circuit agreed that the broad evidence rule was used under Indiana law to determine actual cash value. Thorne v. Member Select Ins. Co., 2018 U.S. App. LEXIS 3265 (7th Cir. Feb. 12, 2018). Thorne's... Continue reading
Posted Mar 28, 2018 at Insurance Law Hawaii
The Illinois Court of Appeals reversed summary judgment entered for the insurer and found the general contractor, an additional insured under the policy, was entitled to a defense. Hastings Mut. Ins. Co. v. Blinderman Constr. Co., Inc., 2017 Ill. App.... Continue reading
Posted Mar 26, 2018 at Insurance Law Hawaii
The insured contractor was not entitled to independent Cumis counsel despite suing the insurer in a cross-claim. Centex Homes v. St. Palu Fire & Marine Ins. Co., 2018 Cal. App. LEXIS 45 (Cal. Ct. App. Jan. 22, 2018). Homeowners sued... Continue reading
Posted Mar 21, 2018 at Insurance Law Hawaii
The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct.... Continue reading
Posted Mar 19, 2018 at Insurance Law Hawaii