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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
Indemnity obligations and additional insured coverage were at issue in Strauss Painting, Inc. v. Mt. Hawley Ins. Co., 2014 N.Y. LEXIS 3347 (N.Y. Nov. 24, 2014). Strauss Painting, Inc. (Strauss) contracted with the Metropolitan Opera Association, Inc. (the Met) to... Continue reading
Posted yesterday at Insurance Law Hawaii
The insurer prevailed in summary judgment, disposing of the insured's bad faith claim based upon the investigation of the loss. Nino v. State Farm Lloyds, 2014 U.S. Dist. LEXIS 163993 (S.D. Tex. Nov. 24, 2014). The insured filed a claim... Continue reading
Posted 3 days ago at Insurance Law Hawaii
The Seventh Circuit Court of Appeals predicted that the Wisconsin appellate courts would apply the continuous injury trigger to find coverage after the policy expired for damage caused by water infiltration. Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App... Continue reading
Posted Dec 10, 2014 at Insurance Law Hawaii
Focusing on the facts surrounding the accident determined which of two insurers' policies were responsible for covering a serious injury to a worker. Nat. Am Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind.... Continue reading
Posted Dec 8, 2014 at Insurance Law Hawaii
We hit seven years of blogging this month. We started in December 2007, 835 posts ago. Two Damon Key blogs pre-date and continue to set the standard for this blog. Robert Thomas has long maintained www.inversecomdemnation.com [here]. And Mark Murakami... Continue reading
Posted Dec 3, 2014 at Insurance Law Hawaii
Reaching into the weeds to analyze a business interruption claim, the Massachusetts Court of Appeals determined the cost of ordinary payroll could be included in the calculation of net profit or loss in determining business loss income when business is... Continue reading
Posted Dec 1, 2014 at Insurance Law Hawaii
The insurer unsuccessfully moved for reconsideration of the court's holding that additional insured coverage was not limited to vicarious liability of the named insured. First Mercury Ins. Co. v. Shawmut Wood-Working & Supply, Inc., 2014 U.S. Dist. LEXIS 155095 (D.... Continue reading
Posted Nov 25, 2014 at Insurance Law Hawaii
On rehearing, the Fifth Circuit determined that the contractual-liability exclusion did not apply to bar coverage for damage caused by the insured contractor to the home it constructed. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 20727 (5th Cir.... Continue reading
Posted Nov 19, 2014 at Insurance Law Hawaii
The federal district court determined that coverage was properly denied under the pollution exclusion of the policies. Headwaters Resources, Inc. v. Illinois Union Ins. Co., 2014 U.S. App. LEXIS 20060 (10th Cir. Oct. 20, 2014). Over 400 residents of Chesapeake,... Continue reading
Posted Nov 17, 2014 at Insurance Law Hawaii
The insurer properly denied coverage for a bulge in a warehouse wall that the insured claimed was caused by Hurricane Ike. Russell v. Scottsdale Ins. Co., 2014 U.S. Dist. LEXIS 143882 (S.D. Tex. Sept. 30, 2014). Hurricane Ike displaced metal... Continue reading
Posted Nov 12, 2014 at Insurance Law Hawaii
The court granted summary judgment to the insurer because the insureds submitted only documentation of damage by flood, not proof of loss forms required by the policy. Alexander v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 143284 (E.D. La. Oct.... Continue reading
Posted Nov 10, 2014 at Insurance Law Hawaii
The court considered whether a wildfire (covered risk) or moisture in the soils (excluded risk) was the cause of damage to the insureds' home. Encompass Ins. Co. v. Berger, 2014 U.S. Dist. LEXIS 142870 (C.D. Cal. Oct. 7, 2014). In... Continue reading
Posted Nov 5, 2014 at Insurance Law Hawaii
The insured subcontractor sought coverage under its Builder's Risk policy for loss despite already being paid under contract the amount sought under the policy. MKB Constr. v. Am Zurich Ins. Co., 2014 U.S. Dist. LEXIS 136096 (W.D. Wash. Sept. 24,... Continue reading
Posted Nov 3, 2014 at Insurance Law Hawaii
The federal district court denied the insurer's motion to dismiss claims for loss due to the imminent collapse of the insureds' basement walls. Belz v. Peerless Ins. Co., 2014 WL 4364914 (D. Conn. Sept. 2, 2014). The insureds noticed cracks... Continue reading
Posted Oct 29, 2014 at Insurance Law Hawaii
The federal district court granted the insured's motion to stay the coverage action while the construction defect case was pending in state court. Auto Owners Ins. Co. v. Essex Homes Southeast, Inc., 2014 U.S. Dist. LEXIS 133120 (D. S.C., Sept.... Continue reading
Posted Oct 27, 2014 at Insurance Law Hawaii
The court considered whether, in a second trial for bad faith, the insured was required to again prove her damages, instead of relying on the jury's damage determination in the first trial where the tortfeasor's liability was established. Geico Gen.... Continue reading
Posted Oct 22, 2014 at Insurance Law Hawaii
The Nebraska Supreme Court found the insurer properly denied coverage to the general contractor for damage to a home caused by settlement. Cizek Homes, Inc. v. Columbia Nat. Ins. Co., 2014 Neb. LEXIS 152 (Neb. Sept. 9, 2014). The general... Continue reading
Posted Oct 20, 2014 at Insurance Law Hawaii
The Hawaii State Bar convention will be on October 24, 2014, at the Hawaiian Hilton. The Insurance Coverage Litigation Section will make a presentation from 8:30 a.m. to 11:45 a.m. Three presentations will be made. First, Richard C. Mosher (Anderson... Continue reading
Posted Oct 15, 2014 at Insurance Law Hawaii
The court found there was no coverage obligations for the insured's defective product. Titanium Indus., Inc. v. Federal. Ins. Co., 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014). The insured, Titanium Industries, supplied titanium bar materials to... Continue reading
Posted Oct 13, 2014 at Insurance Law Hawaii
The court denied State Farm's motion for summary judgment on the insured homeowners' bad faith claim for State Farm's failure to agree to an appraisal. Currie v. State Farm Fire and Cas. Co., 2014 WL 4081051 (E.D. Pa. Aug. 19,... Continue reading
Posted Oct 8, 2014 at Insurance Law Hawaii
The court found coverage was properly denied based on the subcontractor's failure to follow contract specifications in blasting at the job site. Westfield Ins. Co. v. Carpenter Reclamation, Inc., 2014 U.S. Dist. LEXIS 130752 (S.D. W. Va. Sept. 18, 2014).... Continue reading
Posted Oct 6, 2014 at Insurance Law Hawaii
The Sixth Circuit reversed the district court's order granting summary judgment to State Farm based upon the insured's alleged concealment of the truth when questioned about a fire that destroyed his home. Rose v. State Farm Fire & Cas. Co.,... Continue reading
Posted Oct 1, 2014 at Insurance Law Hawaii
The California Court of Appeal affirmed the trial court's determination of no coverage for construction defects based upon the policy's prior work exclusion. Yu v. Landmark Am. Ins. Co., 2014 Cal. App. Unpub. LEXIS 5966 (Cal. Ct. App. Aug. 22,... Continue reading
Posted Sep 29, 2014 at Insurance Law Hawaii
Applying Illinois law, the Seventh Circuit determined there was no coverage for faulty workmanship causing property damage to the insured's project. Nautilus Ins. Co. v. Board of Directors of Regal Lofts Condominium Ass'n, 2014 U.S. App. LEXIS 16250 (7th Cir.... Continue reading
Posted Sep 24, 2014 at Insurance Law Hawaii
The court determined that an additional insured was not entitled to coverage despite an exception to the watercraft exclusion. Holden v. U.S. United Ocean Serv., LLC, 2014 U.S. App. LEXIS 15954 (5th Cir. Aug. 19, 2014). United entered a contract... Continue reading
Posted Sep 22, 2014 at Insurance Law Hawaii