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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 insured's claim for consequential damages survived the insurer's motion to dismiss. Tiffany Tower Condominium, LLC v. Ins. Co. of the Greater N.Y., 2018 N.Y. App. Div. LEXIS 5783 (N.Y. App. Div. Aug. 22, 2018). Tiffany Tower submitted a claim... Continue reading
Posted 4 days ago at Insurance Law Hawaii
The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass. Am. Mining Ins. Co. v. Peters Farms, LLC, 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018). Beginning in 2007, Ikerd Mining. LLC removed... Continue reading
Posted 6 days ago at Insurance Law Hawaii
The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co.,... Continue reading
Posted Oct 10, 2018 at Insurance Law Hawaii
The insurer's denial of coverage for receipt of late notice of a claim was upheld by the federal district court. Evanston Ins. Co. v. Yeager Painting, LLC, 2018 U.S. Dist. LEXIS 130316 (N.D. Ala. Aug. 3, 2018). Yeager Painting was... Continue reading
Posted Oct 8, 2018 at Insurance Law Hawaii
Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018).... Continue reading
Posted Oct 4, 2018 at Insurance Law Hawaii
Taking into consideration a "Revised Occurrence Endorsement," the federal district court determined the insurer had a duty to defend. Gemini Ins Co. v. Constrx Ltd., 2018 U.S. Dist. LEXIS 163453 (D. Haw. Sept. 24, 2018). Constrx Ltd. (CRX) contracted with... Continue reading
Posted Oct 3, 2018 at Insurance Law Hawaii
The Federal District Court predicted that Nevada courts would not find coverage under a commercial crime policy for the insured's use of funny money. CP Food & Bev. v. United States Fire Ins. Co., 2018 U.S. Dist. LEXIS 133331 (D.... Continue reading
Posted Oct 1, 2018 at Insurance Law Hawaii
The appellate court reversed the trial court's granting of a judgment on the pleadings based upon the expected injury exclusion in a homeowner's policy. Allstate Indemn. Co. v. Contreras, 2018 Ill. App. LEXIS 170964 (Ill. Ct. App. July 20, 2018).... Continue reading
Posted Sep 26, 2018 at Insurance Law Hawaii
The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App.... Continue reading
Posted Sep 24, 2018 at Insurance Law Hawaii
The defendant's motion to dismiss an implied contract claim in a subrogation action was denied. Cumis Ins. Soc'y v. Count, 2018 U.S. Dist. LEXIS 118380 (D. Haw. July 16, 2018). Cumis issued a fidelity bond to Kauai Government Employee's Federal... Continue reading
Posted Sep 19, 2018 at Insurance Law Hawaii
The Sixth Circuit, overturning the district court's award of summary judgment to the insurer, reversed and remanded denial of the claim for computer fraud. Am. Tooling Center, Inc. v. Travelers Cas. and Sur. Co of Am., 895 F.3d 455 (6th... Continue reading
Posted Sep 17, 2018 at Insurance Law Hawaii
It has been an active hurricane season thus far for Hawaii, and there are still three months left in the season. To supplement our prior tips for homeowners in preparing to submit insurance claims after a storm [here], below are... Continue reading
Posted Sep 15, 2018 at Insurance Law Hawaii
The appellate court reversed a jury verdict for the insured due to improper trial tactics by his attorney. Homeowners Choice Property and Cas. Ins. Co., Inc. v. Kuwas, 2018 Fla. Ct. App. LEXIS 9500 (Fla. Ct. App. July 5, 2018).... Continue reading
Posted Sep 12, 2018 at Insurance Law Hawaii
The Second Circuit affirmed the district court's finding of coverage for a cyber attack. Medidata Solutions Inc. v. Federal Ins. Co., 2018 U.S. App LEXIS 18376 (2nd Cir. July 6, 2018). The district court's decision is summarized in a prior... Continue reading
Posted Sep 10, 2018 at Insurance Law Hawaii
In deciding which tower of insurance was triggered, the Eighth Circuit had to determine whether the action of one insured's employee in shooting into the direction of a lake and hitting a young girl constituted gross negligence. Federal Ins. Co.... Continue reading
Posted Sep 5, 2018 at Insurance Law Hawaii
The Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck... Continue reading
Posted Aug 29, 2018 at Insurance Law Hawaii
The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony. Woodrum v. Georgia Farm Bureau Mut. Ins. Co., 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018).... Continue reading
Posted Aug 27, 2018 at Insurance Law Hawaii
On August 21, 2018, with Hurricane Lane approaching, the Hawaii Insurance Commissioner issued a declaration allowing out-of-state independent adjusters to assist with claims for thirty days. The declaration is here. The adjuster must be licensed in a state with similar... Continue reading
Posted Aug 25, 2018 at Insurance Law Hawaii
With Hurricane Lane approaching Hawaii, here are some tips for being prepared to submit claims to your insurer or any loss caused by the storm. Collect important papers, including your homeowners insurance policy so they are available after the storm.... Continue reading
Posted Aug 22, 2018 at Insurance Law Hawaii
The Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in... Continue reading
Posted Aug 22, 2018 at Insurance Law Hawaii
The Second Circuit reversed the District Court's issuance of summary judgment to the insurer because a windstorm exclusion was deemed ambiguous. 7001 East 71st Street, LLC v. Continental Cas. Co., 2018 U.S. App. LEXIS 17334 (2nd Cir. June 26, 2018).... Continue reading
Posted Aug 20, 2018 at Insurance Law Hawaii
The Fifth Circuit reversed the district court's dismissal of the insured's complaint by granting the insurer's motion for judgment on the pleadings. Spec's Family Partners, Ltd. v. Hanover Ins. Co., 2018 U.S. App. LEXIS 17246 (5th Cir. June 25, 2018).... Continue reading
Posted Aug 15, 2018 at Insurance Law Hawaii
The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018). The insureds' building collapsed in McComb, Mississippi.... Continue reading
Posted Aug 13, 2018 at Insurance Law Hawaii
In yet another collapse case from Connecticut, the federal district court denied the insurer's motion to dismiss. Maki v. Allstate Ins. Co., 2018 U.S. Dist. LEXIS 102708 (D. Conn. June 20, 2018). In February 2016, the insureds noticed a series... Continue reading
Posted Aug 8, 2018 at Insurance Law Hawaii
The Ninth Circuit upheld the District Court's decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys' fees incurred [prior post here].Ass'n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018... Continue reading
Posted Aug 6, 2018 at Insurance Law Hawaii