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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 brief memorandum opinion, the Ninth Circuit found the policy's intentional acts exclusion was ambiguous. Berns v. Sentry Select Ins. Co., 2016 U.S. App. LEXIS 13684 (9th Cir. July 27, 2016). The insured's employee misappropriated company files. The employee... Continue reading
Posted 14 hours ago at Insurance Law Hawaii
In a sensitive opinion incorporating several redactions, apparently due to national security issues, the court found that the business risk exclusions raised by the insurer did not apply in determining whether there was a duty to defend. Innovative Mold Solutions... Continue reading
Posted 5 days ago at Insurance Law Hawaii
The insureds prevailed at trial in securing an award for bad faith due to the insurer's unreasonable handling of the claim. Taladay v. Metro. Group Prop. & Cas. Ins. Co., 2016 U.S. Dist. LEXIS 87659 (W.D. Wash. July 6, 2016).... Continue reading
Posted 7 days ago at Insurance Law Hawaii
The First Circuit reversed the District Court's holding that the insurer's subrogation rights were waived based on a clause in the condominium's bylaws. Pacific Indemnity Co. v. Deming, 2016 U.S. App. LEXIS 12374 (1st Cir. July 5, 2016). Deming rented... Continue reading
Posted Sep 14, 2016 at Insurance Law Hawaii
The policyholder's attempt to extend the duty to defend analysis beyond the complaint's allegations and the four-corners of the policy failed before the Wisconsin Supreme Court. Water Well Solutions Service Group Inc. v. Consolidated Ins. Co., 2016 Wisc. LEXIS 163... Continue reading
Posted Sep 12, 2016 at Insurance Law Hawaii
The court denied the carrier's motion for summary judgment, seeking to establish it had no duty to defend or indemnify. Allstate Ins. Co. v. Tarantino, 2016 U.S. Dist. LEXIS 81713 (D. Conn. June 23, 2016). The insured's son was at... Continue reading
Posted Sep 7, 2016 at Insurance Law Hawaii
I am invited to speak before the Honolulu Association of Insurance Professionals at the monthly meeting September 13, 2016. The topic will be "Coverage for Construction Defects - Hawaii Departs from the Emerging Trend." The meeting will be at the... Continue reading
Posted Sep 6, 2016 at Insurance Law Hawaii
Bound by well-established case law in Pennsylvania, the federal district court ruled that there was no coverage for alleged faulty workmanship. Peerless Ins. Co. & Ohio Sec. Ins. Co. v. Manown Builders, 2016 U.S. Dist. LEXIS 85261 (W.D. Pa. June... Continue reading
Posted Aug 31, 2016 at Insurance Law Hawaii
The court denied National Union's motion to dismiss the insured's suit to compel a defense under the umbrella policies. San Diego Unified Port Dist. v. Nat'l Union Fire Ins. Co., 2016 U.S. Dist. LEXIS 88362 (S. D. Cal. July 6,... Continue reading
Posted Aug 29, 2016 at Insurance Law Hawaii
The federal district court predicted that business interruption caused by smoke from a nearby wildfire would be covered under Oregon law. Oregon Shakespeare Festival Assoc. v. Great Am. Ins.. Co., 2016 U.S. Dist. LEXIS 74450 (D. Ore. June 7, 2016).... Continue reading
Posted Aug 24, 2016 at Insurance Law Hawaii
The insurer unsuccessfully moved for a determination that it had no duty to defend a public adjuster. Singer v. Continental Cas. Co., 2016 U.S. Dist. LEXIS 82286 (E.D. Pa. June 24, 2016). Plaintiffs in the underlying action alleged that the... Continue reading
Posted Aug 22, 2016 at Insurance Law Hawaii
Distinguishing its seminal case on coverage for construction defects, Weedo v. Stone-E-Brick, Inc., 81 N.J. 233 (1979), the New Jersey Supreme Court determined that rain damage to the building caused by a subcontractor's faulty workmanship constituted "property damage" and an... Continue reading
Posted Aug 17, 2016 at Insurance Law Hawaii
My colleagues Rina Carmel, Karin Aldama and I authored an article entitled, "Determining Whether and When the Duty to Defend Ends." The article appears in the current edition of Coverage, published by the Insurance Coverage Litigation Committee of the ABA.... Continue reading
Posted Aug 15, 2016 at Insurance Law Hawaii
The federal magistrate predicted that the Oregon appellate courts would not adopt the owner-claimant rule, restricting recovery under the policy to the time period during which the insured owned the property. Am. States Ins. Co. v. PIH Beaverton LLC, 2016... Continue reading
Posted Aug 10, 2016 at Insurance Law Hawaii
The Court granted the insurer's motion to dismiss because the injury occurred after the policy period had expired. Goins v. C&S Global Imports, Inc., 2016 U.S. Dist. LEXIS 79160 (W.D. Ky. June 17, 2016). Plaintiff James Goin visited the site... Continue reading
Posted Aug 8, 2016 at Insurance Law Hawaii
The court granted the insurer's motion to dismiss a lessor's complaint seeking coverage because the lessor was not insured under the lessee's policy. Dynasty Int'l LLC v. Lexington Ins. Co., 2016 U.S. Dist. LEXIS 78443 (N.D. Ind. June 16, 2016).... Continue reading
Posted Aug 3, 2016 at Insurance Law Hawaii
The First Circuit Court of Appeals certified questions to the Massachusetts Supreme Judicial Court (SJC) on whether the insurer's duty to defend required paying for the insured's pursuit of counterclaims. Mount Vernon Fire Ins. Co. v. VisionAid, Inc., 2016 U.S.... Continue reading
Posted Aug 1, 2016 at Insurance Law Hawaii
The Hawaii federal district court confirmed its prior holdings that there is no duty to defend or indemnify for property damage caused by faulty workmanship. State Farm Fire & Cas Co. v. GP West, Inc., 2016 U.S. Dist. LEXIS 74240... Continue reading
Posted Jul 27, 2016 at Insurance Law Hawaii
The California Supreme Court considered whether the calculation for punitive damages may include attorneys' fees expended to obtain benefits determined after the jury has rendered its punitive damages verdict. Nickerson v. Stonebridge Life Ins. Co., 2016 Cal. LEXIS 3757 (Cal.... Continue reading
Posted Jul 25, 2016 at Insurance Law Hawaii
The Iowa Supreme Court held that property damage caused by a subcontractor's defective work was an "occurrence." Nat'l Sur. Corp. v. Westlake Invs., LLC, 2016 Iowa LEXIS 71 (Iowa June 10, 2016). In 2002, the insureds, the developers and general... Continue reading
Posted Jul 20, 2016 at Insurance Law Hawaii
The insured's claim that the insurer improperly refused to provide a supersedeas bond was rejected by the federal district court. James River Ins. Co. v. Interlachen Property Owners Ass'n v. Kuepers Constr., 2016 U.S. Dist. LEXIS 71825 (D. Minn. June... Continue reading
Posted Jul 18, 2016 at Insurance Law Hawaii
The insured successfully remanded the case back to state court when the insurer could not substantiate that the amount in controversy would exceed $75,000. Puente v. State Farm Lloyds, 2016 U.S. Dist. LEXIS 58103 (S.D. Texas March 28, 2016). The... Continue reading
Posted Jul 13, 2016 at Insurance Law Hawaii
The Hawaii Supreme Court vacated the decision of the Intermediate Court of Appeals [see prior post here] and determined that a subcontractor did not have a duty to defend the developer upon tender under an indemnify provision in the parties'... Continue reading
Posted Jul 11, 2016 at Insurance Law Hawaii
The Eighth Circuit rejected the policyholder's appeal on the ambiguity of a subsurface water exclusion. Bull v. Nationwide Mut. Fire Ins. Co., 2016 U.S. App. LEXIS 9703 (8th Cir. May 27, 2016). Michael Bull, the insured, experienced a leak from... Continue reading
Posted Jul 6, 2016 at Insurance Law Hawaii
The Eighth Circuit affirmed the jury verdict which determined that the insurer acted in bad faith for failing to settle within policy limits. Bamford, Inc. v. Regent Ins. Co., 2016 U.S. App. LEXIS 8787 (8th Cir. May 13, 2016). In... Continue reading
Posted Jun 29, 2016 at Insurance Law Hawaii