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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
In a per curiam decision, the Fifth Circuit affirmed the district court's holding that the pollution exclusion barred coverage for bodily injury caused by the insured's insulation. Evanston Ins. Co. v. Lapolla Industries, Inc., 2015 U.S. App. LEXIS 22552 (5th... Continue reading
Posted 3 days ago at Insurance Law Hawaii
HB 1991 would regulate the inspection procedures for utilizing claim adjusters for homeowners insurance claims. The complete bill is here. The bill states that when a claim is filed, the insurer will select a claim adjuster mutually agreed upon by... Continue reading
Posted 5 days ago at Insurance Law Hawaii
Relying upon the policy's anti-concurrent causation clause, the Illinois Court of Appeals affirmed the trial court's ruling that there was no coverage for a pool that popped out of the ground. Bozek v. Erie Ins. Group, 2015 Ill. App. LEXIS... Continue reading
Posted Jan 27, 2016 at Insurance Law Hawaii
The Texas Court of Appeals found that Exxon Mobil Corporation was an additional insured under the CGL policy for Exxon's service provider. Liberty Surplus Ins. Corp. v. Exxon Mobil Corporation, 2015 Tex. App. LEXIS 12757 (Tex. Ct. App. Dec. 17,... Continue reading
Posted Jan 25, 2016 at Insurance Law Hawaii
The court applied the efficient proximate cause doctrine to find coverage under a property policy for a building's collapse. Vardanyan v. Amco Ins. Co., 2015 Cal. App. LEXIS 1181 (Cal. Ct. App. Dec. 11, 2015). The insured submitted a claim... Continue reading
Posted Jan 20, 2016 at Insurance Law Hawaii
The insurer's depreciation of labor in the calculation of actual cash value was found to be against Arkansas public policy. Shelter Mut. Ins. Co. v. Goodner, 2015 Ark. LEXIS 460 (Ark. Dec. 10, 2015). Shelter Mutual's policy provided that it... Continue reading
Posted Jan 18, 2016 at Insurance Law Hawaii
The court granted portions of the business interruption claim, while denying other portions. Phoenix Ins. Co. v. Infogroup, Inc., 2015 U.S. Dist. LEXIS 162810 (S. D. Iowa Nov. 30, 2015). Phoenix insured Infogroup's business buildings and personal business property, including... Continue reading
Posted Jan 13, 2016 at Insurance Law Hawaii
Answering certified questions from the Fifth Circuit, the Texas Supreme Court found there was no coverage for flanges that leaked after installation. U. S. Metals, Inc. v. Liberty Mutual Group, Inc., 2015 Texas LEXIS 1081 (Dec. 4, 2015). U. S.... Continue reading
Posted Jan 11, 2016 at Insurance Law Hawaii
The insured failed to present any argument for excess coverage after the insolvency of the primary carrier. Canal Ins. Co. v. Montello, Inc., 2015 U.S. App. LEXIS 20625 (10th Cir. Nov. 27, 2015). Montello distributed an oil drill containing asbestos... Continue reading
Posted Jan 6, 2016 at Insurance Law Hawaii
The district court found that under Illinois law, the damage caused by the insured's faulty workmanship to portions of building beyond the scope of its own work was covered under a CGL policy. Westfield Ins. Co. v. Nat'l Decorating Serv.,... Continue reading
Posted Jan 4, 2016 at Insurance Law Hawaii
The insurer's argument that a contractual indemnity provision in favor of the insured acted as an "other insurance" provision failed before the Fifth Circuit. Cameron Int'l Corp. v. Liberty Ins. Underwriters, Inc., 2015 U.S. App. LEXIS 20115 (5th Cir. Nov.... Continue reading
Posted Dec 30, 2015 at Insurance Law Hawaii
Unknowingly making an illegal sale of wheat seed to an undercover investigator was not an intentional act barring coverage. Parker v. Farm Bureau Prop. & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 15273 (D. Kansas Nov. 16, 2015). Parker was... Continue reading
Posted Dec 28, 2015 at Insurance Law Hawaii
The court found that the contractor was entitled to relief under the contractual indemnity provision, but not the policy's additional insured clause. Chatelain v. Fluor Daniel Constr. Co., 2015 La. App. LEXIS 2257 (Ct. App. La. Nov. 10, 2015). Following... Continue reading
Posted Dec 23, 2015 at Insurance Law Hawaii
A national publication, "Coverage Opinions," determined that the Hawaii Supreme Court's decision in C. Brewer and Co., Ltd. v. Marine Indemnity Ins. Co., 135 Haw. 190, 347 P.3d 163 (Haw. 2015) was one of the top ten coverage decisions in... Continue reading
Posted Dec 21, 2015 at Insurance Law Hawaii
When the insurer opted to repair the insured's damaged property, the insurer did not agree with the scope of the repairs. The Florida Court of Appeal reversed the trial court's dismissal of the insured's lawsuit challenging the extent of the... Continue reading
Posted Dec 16, 2015 at Insurance Law Hawaii
Two insurers disputed who was responsible for coverage the additional insured contractor. Endurance Am. Spec. Ins. Co. v. Century Sur. Co., 2015 U.S. App. LEXIS 19194 (2nd Cir. Nov. 4, 2015). The district court granted summary judgment to Endurance, finding... Continue reading
Posted Dec 14, 2015 at Insurance Law Hawaii
The court found that stacking of interruption coverages was allowed based up the language of the policy. Lion Oil Co. v. Nat'l Union Fire Ins. Co., 2015 U.S. Dist. LEXIS 148261 (W.D. Ark. Nov. 2, 2015). The insured's oil line... Continue reading
Posted Dec 9, 2015 at Insurance Law Hawaii
This month we hit eight years at this blog. We started in December 2007, 936 posts ago. 101 posts for the past year. Two Damon Key blogs pre-date and continue to set the standard for this blog. Robert Thomas has... Continue reading
Posted Dec 7, 2015 at Insurance Law Hawaii
The court found there was no coverage regarding aesthetic uniformity between new materials installed after water damage occurred and the rest of the building. Great Am. Ins. Co. of New York v. The Towers of Quayside No. 4 Condominium Assoc.,... Continue reading
Posted Dec 2, 2015 at Insurance Law Hawaii
One insurer could not escape equitable subrogation on the basis of its "other insurance" provision on the theory that the second insurer was responsible for all of the co-insured's defense costs. Underwriters of Interest v. ProBuilders Spec. Ins. Co., 2015... Continue reading
Posted Nov 30, 2015 at Insurance Law Hawaii
Refusing to give the sublimit in a flood policy an expansive reading, the court found that the sublimit did not apply to business interruption loss. Federal-Mogul Corp. v. Ins. Co. of Pa., 2015 U.S. Dist. LEXIS 137394 (E.D. Mich. Oct.... Continue reading
Posted Nov 25, 2015 at Insurance Law Hawaii
The West Virginia Supreme Court of Appeals found there was no coverage for the contractor's faulty workmanship in constructing a home. State of W. Virginia ex rel. Nationwide Mut. Ins. Co. v. The Honorable Ronald E. Wilson, 2015 W. Va.... Continue reading
Posted Nov 23, 2015 at Insurance Law Hawaii
The insurer's and insured's intent as to which entities were to be insured prevented the insurer's motion for summary judgment. Chaus v. State Farm Fire & Cas. Co., 2015 U.S. Dist. LEXIS 136311 (E.D. La. Oct. 5, 2015). Water damage... Continue reading
Posted Nov 18, 2015 at Insurance Law Hawaii
The Illinois Appellate Court affirmed the trial court's ruling that the insured was only entitled to the actual cost value of his loss, not the replacement cost. Lytle v. Country Mutual Ins. Co., 2015 Ill. App. LEXIS 756 (Sept. 30,... Continue reading
Posted Nov 16, 2015 at Insurance Law Hawaii
The Seventh Circuit found that the insured's illegal recording of conversations with customers did not constitute a publication under the insured's liability policy. Defender Security Co. v. First Mercury Ins. Co., 2015 U.S. App. LEXIS 17116 (7th Cir. Sept. 29,... Continue reading
Posted Nov 11, 2015 at Insurance Law Hawaii