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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 federal district court largely denied the insurer's motion for summary judgment seeking a judgment of no coverage for snow removal and related property damage. Thurston Foods v. Wausau Bus. Ins. Co., 2017 U.S. Dist. LEXIS 74935 (D. Conn. May... Continue reading
Posted 5 days ago at Insurance Law Hawaii
The court found that the insured was entitled to a defense against claims for its alleged willful removal of coal from third parties' land. Liberty Mut. Fire Ins. Co. v. Bizzack Constr, 2017 U.S. Dist. LEXIS 70285 (W.D. Va. April... Continue reading
Posted Jun 14, 2017 at Insurance Law Hawaii
Loss of the insured's home caused by a renter who demolished the home was covered under the homeowner's policy. Fisher v. Garrison Prop. & Cas. Ins. Co., 2017 Idaho LEXIS 143 (Idaho May 26, 2017). The insured, Shammie L. Fisher,... Continue reading
Posted Jun 12, 2017 at Insurance Law Hawaii
The Hawaii Supreme Court held that a health insurer did not have subrogation rights against third-party tortfeasors who caused injury to its insureds. Yukumoto v. Tawarahara, 2017 Haw. LEXIS 92 (Haw. May 26 2017). Gregory Yukumoto was injured while driving... Continue reading
Posted Jun 7, 2017 at Insurance Law Hawaii
Although the policy excluded pollution, the negligence that preceded the escape of the pollution was the efficient proximate cause, negating the impact of the pollution exclusion. Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. April 27,... Continue reading
Posted Jun 5, 2017 at Insurance Law Hawaii
The Massachusetts Appeals Court determined that scallops damaged by a cause never determined by the underlying court was sufficient to establish an occurrence under the insured's CGL policy. The Hanover Ins. Group, Inc. v. Raw Seafoods, Inc., 2017 Mass App.... Continue reading
Posted May 31, 2017 at Insurance Law Hawaii
The insured's involvement in damaging a customer's corn syrup while preparing it to be transported was an occurrence and covered under the CGL policy. Travelers Prop. Cas. Co. of Am. v. United States Container Co., 2017 U.S. App. LEXIS 6602... Continue reading
Posted May 24, 2017 at Insurance Law Hawaii
The federal district court found that the insurers could not escape coverage by summary judgment under their all risk policies. Eagle Harbour Condo Ass'n v. Allstate Ins. Co., 2017 U.S. Dist. LEXIS 54761 (W.D. Wash. April 10, 2017). Eagle Harbour... Continue reading
Posted May 22, 2017 at Insurance Law Hawaii
Although the insureds timely filed their suit for denial of flood benefits in state court, the Fourth Circuit found the lawsuit against the Insurer was untimely because it was not filed in federal district court. Woodson v. Allstate Ins. Co.,... Continue reading
Posted May 21, 2017 at Insurance Law Hawaii
In a session dominated by the failed attempt to find a solution for further funding of the Honolulu rail project, a few insurance-related measures passed and have been sent to the Governor for signature. SB 952 expressly provides that the... Continue reading
Posted May 17, 2017 at Insurance Law Hawaii
Returning to its prior decisions addressing bad faith, the Texas Supreme Court sought to clarify when damages are available for bad faith despite there being no coverage under the policy. USAA Tex. Lloyds Co. v. Menchaca, 2017 Tex. Lexis 361... Continue reading
Posted May 15, 2017 at Insurance Law Hawaii
Lawsuits filed for recovery due to the faulty design and installation of doors and windows by homeowners across the country were found to allege multiple occurrences. Pella Corp. v. Liberty Mut. Ins. Co., 2017 U.S. Dist. 53631 (C.D. Iowa March... Continue reading
Posted May 10, 2017 at Insurance Law Hawaii
The bankruptcy court found there were multiple occurrences when several victims alleged sexual abuse by various priests within the Diocese. Diocese of Duluth v. Liberty Mut. Group, 2017 Bankr. LEXIS 908 (Bankr. D. Minn. March 30, 2017). The Diocese filed... Continue reading
Posted May 8, 2017 at Insurance Law Hawaii
The court determined there was no coverage for 150 underlying lawsuits which alleged that injections for back pain caused bodily injury and death. Westfield Ins. Co. v. Orthopedic & Sports Med. Ctr. of N. Ind., 2017 U.S. Dist. LEXIS 46119... Continue reading
Posted May 3, 2017 at Insurance Law Hawaii
Following Pennsylvania law, the Fourth Circuit found one occurrence in a fireworks accident despite allegations of 19 breaches of duty. Hollis v. Lexington Ins. Co., 2017 U.S. App LEXIS 5088 (4th Cir. March 22, 2017). Kathryn Hollis and her two... Continue reading
Posted May 1, 2017 at Insurance Law Hawaii
The Ninth Circuit found that under California law, the excess carrier acted in bad faith by refusing to either approve the underlying settlement or take over the defense. Teleflex Med. Inc., v. Nat'l Union Fire Ins. Co., 2017 U.S. App.... Continue reading
Posted Apr 26, 2017 at Insurance Law Hawaii
The Ninth Circuit found that the insurer's negligent failure to respond to a settlement offer did not constitute bad faith. McDaniel v. Gov't Employees Ins. Co., 2017 U.S. App. LEXIS 4029 (9th Cir. March 7, 2017). McDaniel was the assignee... Continue reading
Posted Apr 24, 2017 at Insurance Law Hawaii
Assignment of insurance proceeds as part of a settlement against the subcontractor for faulty workmanship was not covered under the CGL policy in accordance with Illinois law. Allied Prop. & Cas. Ins Co v. Metro North Condominium Assoc., 2017 U.S.... Continue reading
Posted Apr 19, 2017 at Insurance Law Hawaii
The West Virginia Supreme Court of Appeals determined that a pre-trial settlement, including a consent judgment against a non-party insurer and an assignment of rights under the policy, was invalid. Penn-America Ins. Co. v. Osborne, 2017 W. Va. LEXIS 119... Continue reading
Posted Apr 17, 2017 at Insurance Law Hawaii
The Hawaii Intermediate Court of Appeals (ICA) vacated the circuit court's granting of summary judgment to the insurer after determining there was no duty to defend. National Interstate Ins. Co., Inc. v. Cornelio, 2017 Haw. Ct. App. LEXIS 128 (Haw.... Continue reading
Posted Apr 12, 2017 at Insurance Law Hawaii
The insurer was unsuccessful in moving to dismiss the property owner's complaint that was filed after coverage for collapse of basement walls was denied. Cyr v. CCAA Fire & Cas. Ins. Co., 2017 U.S. Dist. LEXIS 39387 (D. Conn. March... Continue reading
Posted Apr 10, 2017 at Insurance Law Hawaii
The magistrate recommended that the attorney's motion to withdraw from further representation of the insured be granted when the insurer was liquidated and no longer paying for defense costs. U.S. v. Estate of Lillian Wiesner, 2017 U.S. Dist. LEXIS 38257... Continue reading
Posted Apr 5, 2017 at Insurance Law Hawaii
The Ninth Circuit, applying California law, affirmed the district court's decision finding there was no coverage for construction defects. Archer W. Contractors v. Nat'l Union Fire Ins. Co., 2017 U.S. App. LEXIS 3796 (9th Cir. March 2, 2017). Archer Western... Continue reading
Posted Apr 3, 2017 at Insurance Law Hawaii
The Tenth Circuit affirmed the District Court's determination that there was no coverage under the builder's risk policy. Gerald H. Phipps, Inc. v. Travelers Prop. Cas. Co. of Am., 2016 U.S. App. LEXIS 2764 (10th Cir. Feb. 16, 2017). GH... Continue reading
Posted Mar 29, 2017 at Insurance Law Hawaii
The court granted summary judgment to the insurer, finding there was no duty to defend or indemnify a tenant/insured's contract-related claims. Erie Ins. Exch. v. Little Ducklings Daycare Associates, LP, 2017 Phila. Ct. Com. Pl. LEXIS 22 (Pa. D. Jan.... Continue reading
Posted Mar 27, 2017 at Insurance Law Hawaii