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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 appellate court reversed, in part, determining that the insurer had a duty to defend. Cumberland Farms, Inc. v. Tower Group, Inc., 2026 N. Y. App. Div. LEXIS 2039 ( Supr. Ct. N. Y. App. Div. March 23, 2016). In... Continue reading
Posted 4 days ago at Insurance Law Hawaii
The Federal District Court for the District of Hawaii determined that the insured was not entitled to pre-tender defense fees. The Hanover Ins. Co. v. Anova Food, LLC, 2016 U.S. Dist. LEXIS 38947 (D. Haw. March 24, 2016). Anova sold... Continue reading
Posted 6 days ago at Insurance Law Hawaii
The Minnesota Supreme Court considered a certified question from the the U.S. District Court regarding consideration of depreciating labor costs in determining the actual cash value of a loss. Wilcox v. State Farm Fire & Cas. Co., 2016 Min. LEXIS... Continue reading
Posted Apr 20, 2016 at Insurance Law Hawaii
The Ninth Circuit held that the efficient proximate cause doctrine is not limited to all-risk policies. Olin Corp. v. Continental Cas. Co., 2016 U.S. App. LEXIS 4905 (9th Cir. March 17, 2016). Olin operated a plant that produced industrial chemicals.... Continue reading
Posted Apr 18, 2016 at Insurance Law Hawaii
The trial court's issuance of summary judgment to the insurer for mold and water damage was upheld on appeal. Schwartz v. Encompass Indem. Co., 2016 Mich. App. LEXIS 551 (Mich. Ct. App. March 15, 2016). The contractor was demolishing a... Continue reading
Posted Apr 13, 2016 at Insurance Law Hawaii
The court granted the insured's motion to compel documents withheld for privilege by the insurers. Certain Underwriters at Lloyd's v. Amtrack, 2016 U.S. Dist. LEXIS 27041(E.D. N.Y. Feb. 19, 2016). Plaintiffs were insurers who did business in the London Insurance... Continue reading
Posted Apr 11, 2016 at Insurance Law Hawaii
The court reversed judgment in favor of the policyholder after finding that the trial court erred in giving its jury instruction on the efficient proximate cause doctrine. Citizens Prop. Ins. Corp. v. Salkey, 2016 Fl. App. LEXIS 2840 (Fla. Ct.... Continue reading
Posted Apr 6, 2016 at Insurance Law Hawaii
The court confirmed that there was no coverage for damage to the policyholder's building caused by a large volume of water. Praetorian Ins. Co. v. Arabia Shrine Ctr. Houston, 2016 U.S. Dist. LEXIS 20186 (S.D. Texas Feb. 19, 2016). The... Continue reading
Posted Apr 4, 2016 at Insurance Law Hawaii
Thanks to "Coverage Opinions" and Randy Maniloff, Esq. for a write-up on my background as a coverage lawyer and otherwise in the current edition. The piece is here. "Coverage Opinions" is a free, monthly electronic newsletter covering recent insurance coverage... Continue reading
Posted Mar 30, 2016 at Insurance Law Hawaii
An assignment of policy rights made before the policy was issued was ineffective. W. Alliance Bank v. Nat'l Union Fire Ins. Co., 2016 U.S. Dist. LEXIS 19936 (N.D. Cal. Feb. 18, 2016). The bank issued a loan to Sorrento Networks,... Continue reading
Posted Mar 28, 2016 at Insurance Law Hawaii
The municipal league's argument that an umbrella policy should contribute to a settlement funded by a municipal risk-pooling organization failed before the Illinois Court of Appeal. Illinois Municipal League Risk Management Ass'n v. State Farm Fire and Casualty Co., 2016... Continue reading
Posted Mar 23, 2016 at Insurance Law Hawaii
The magistrate's recommended decision found that damage to plaintiffs' home caused by boats that became loose during Hurricane Sandy was not barred as "water borne material" under the surface water exclusion. Spindler v. Great N. Ins. Co., 2016 U.S. Dist.... Continue reading
Posted Mar 21, 2016 at Insurance Law Hawaii
There was no coverage based upon the plain language of a contingent time element provision regarding business interruption coverage. Directv v. Factory Mut. Ins. Co., 2016 U.S. Dist. LEXIS 12320 (C.D. Cal. Feb. 1, 2016). The insured, Directv. contracted with... Continue reading
Posted Mar 16, 2016 at Insurance Law Hawaii
The court denied the insurer's and the contractor's cross motions for summary judgment. Core Construction Servs. Southeast v. Crum & Forster Specialty Ins. Co., 2016 U.S. Dist. LEXIS 11487 (M.D. Fla. Feb. 1, 2016). Core Construction was the general contractor... Continue reading
Posted Mar 14, 2016 at Insurance Law Hawaii
The Fifth Circuit found that two storms causing damage to a drilling rig constituted two occurrences, mandating payment of two deductibles. Seahawk Liquidating Trust v. Certain Underwriters at Lloyds London, 2016 U.S. App. LEXIS 871 (5th Cir. Jan 19,2016). Seahawk's... Continue reading
Posted Mar 7, 2016 at Insurance Law Hawaii
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From our presentation this morning at ABA's Insurance Coverage Litigation Committee's annual meeting in Tucson. Our panel addressed withdrawal of the duty to defend. My co- presenters were Rina Carmel, Demetrius Rush, and Karin Aldama. Sent from my iPhone Continue reading
Posted Mar 5, 2016 at Insurance Law Hawaii
The district court determined there was a duty to defend based upon allegations that the insured's pillows and mattresses emitted an odor causing bodily injury and property damage to the underlying plaintiffs. Hartford Fire Ins. Co. v. Tempur-Sealy Int'l, Inc.,... Continue reading
Posted Mar 2, 2016 at Insurance Law Hawaii
The Montana Supreme Court held that ambiguous language in the excess policy regarding aggregates provided an additional $4 million in CGL coverage. Westchester Surplus Lines Ins. Co. v. Keller Transport, Inc., 2016 Mont. LEXIS 9 (Mont. Jan. 12, 2016). The... Continue reading
Posted Feb 29, 2016 at Insurance Law Hawaii
Because the contract between the parties failed to state that the insured was obligated to name the building owner as an additional insured, the owner was not an additional insured. Am. Empire Surplus Lines Ins. Co. v. Endurance Am. Specialty... Continue reading
Posted Feb 24, 2016 at Insurance Law Hawaii
The Iowa Supreme Court found that a separate action against the insurer for bad faith, filed after judgment was entered against the insurer on breach of contract, was barred by claim preclusion. Villarreal v. United Fire & Cas. Co., 2016... Continue reading
Posted Feb 22, 2016 at Insurance Law Hawaii
Once again, the Insurance Coverage Litigation Committee of the ABA will hold its annual seminar in Tucson, Arizona from March 3-5, 2016. The agenda is here. Each year, the conference offers informative, cutting-edge sessions on a variety of insurance-related topics.... Continue reading
Posted Feb 17, 2016 at Insurance Law Hawaii
The Mississippi Supreme Court affirmed the granting of summary judgment to the insurer that there was no coverage under the all risk policy for loss caused by wind and water. Porter v. Grand Casino of Miss., Inc., 2016 Miss. LEXIS... Continue reading
Posted Feb 15, 2016 at Insurance Law Hawaii
In responding to a certified question, the New Hampshire Supreme Court held that the excess carrier's duty to defend is not triggered until the primary's insurer's policy is exhausted. Old Republic Ins. Co. v. Stratford Ins Co., 2016 N.H. LEXIS... Continue reading
Posted Feb 13, 2016 at Insurance Law Hawaii
In an important decision regarding bad faith and the application of the work product doctrine to work performed by an insurer's in-house counsel, the Hawaii Supreme Court vacated the Intermediate Court of Appeals's upholding the trial court's award of summary... Continue reading
Posted Feb 10, 2016 at Insurance Law Hawaii
The New Mexico Court of Appeals presented a cogent analysis of claims for construction defects and the application of the "your work" exclusion under a CGL policy in Pulte Homes of New Mexico, Inc. v. Indiana Lumbermens Ins. Co., 2015... Continue reading
Posted Feb 8, 2016 at Insurance Law Hawaii