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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
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Yesterday, I had the pleasure of speaking to the Energy, Environment and Resources section of the Hawaii State Bar Association at the HSBA's annual convention. My colleague, Peter Mintzer, and I addressed environmental insurance claims. Power point presentation available upon... Continue reading
Posted 4 hours ago at Insurance Law Hawaii
The federal district court for the District of Hawaii denied the brokers' motion for summary judgment seeking dismissal from claims that they inadequately advised the insured of the law regarding construction defects in Hawaii. Am Auto. Ins. Co. v. Haw.... Continue reading
Posted yesterday at Insurance Law Hawaii
The federal district court for the district of Connecticut has faced a slew of collapse cases, recently dismissing several such cases. The policies under consideration in each case cover the "entire collapse of a covered building structure" or "the entire... Continue reading
Posted 3 days ago at Insurance Law Hawaii
The Hawaii Intermediate Court of Appeals (ICA) ruled in favor of the insurer in deciphering the policy's UIM coverage. Kohatsu v. State Farm Mut. Auto. Ins. Co., 2017 Haw. App. LEXIS 388 (Sept. 29, 2017). The insureds were in an... Continue reading
Posted Oct 11, 2017 at Insurance Law Hawaii
The South Dakota Supreme Court found coverage in favor of the general contractor who was sued for alleged faulty workmanship. Owners Ins. Co. v. Tibke Constr., Inc., 2017 S.D. LEXIS 106 (S.D. Aug. 23, 2017). The homeowners hired Tibke Construction... Continue reading
Posted Oct 9, 2017 at Insurance Law Hawaii
The Fifth Circuit construed a contract requiring indemnity and an obligation to provide insurance coverage as creating separate duties. ExxonMobil Corp. v. Elec. Reliability Services, 2017 U.S. App. LEXIS 16031 (5th Cir. Aug. 22, 2017). Exxon contracted with Electrical Reliability... Continue reading
Posted Oct 2, 2017 at Insurance Law Hawaii
The insured's motion to reconsider an order granting the insurer summary judgment challenges the insured's theory it was an additional insured was rejected by the federal district court. Hanover Ins. Co. v. Superior Labor Servs., 2017 U.S. Dist. LEXIS 133127... Continue reading
Posted Sep 27, 2017 at Insurance Law Hawaii
The court found that the insurer properly denied a claim made under the claims-made policy during the second policy period when the incident occurred during the first policy period. Alaska Interstate Constr. v. Crum & Forster Specialty Ins. Co., 2017... Continue reading
Posted Sep 25, 2017 at Insurance Law Hawaii
In a decision by Judge Sutton, the Sixth Circuit affirmed the district court's ruling that a falling tree causing one injury and two deaths was the result of a single occurrence. Evanston Ins. Co. v. Housing Auth. of Somerset, 2017... Continue reading
Posted Sep 20, 2017 at Insurance Law Hawaii
The insurer failed to present adequate evidence on summary judgment that damage caused by the collapse of a swimming pool was not covered. Klein v. State Farm Ins. Co., 2017 N.Y. Misc. LEXIS 3030 (Sup. Ct. N.Y. July 11, 2017).... Continue reading
Posted Sep 18, 2017 at Insurance Law Hawaii
The Archdiocese failed to plead breach of contract against the County for failure to name the Archdiocese as an additional insured under the liability policy. Pachella v. Archdiocese of Philadelphia, 2017 Pa. Commw. Unpub. LEXIS 595 (Pa. Commw. Ct. Aug.... Continue reading
Posted Sep 18, 2017 at Insurance Law Hawaii
My colleagues Rina Carmel, Karin Aldama and I authored an article entitled, "To Settle or Not to Settle? Bad-Faith Implications in Resolving Underlying Actions." The article appears in the current edition of Coverage, published by the Insurance Coverage Litigation Committee... Continue reading
Posted Sep 13, 2017 at Insurance Law Hawaii
The federal district court found there was no coverage for alleged defects caused by the insured homebuilder. Canal Indem. Co. v. Carbin, 2017 U.S. Dist. LEXIS 126662 (N.D. Ala. Aug. 10, 2017). Carbin Construction filed suit against Aaron and Sherry... Continue reading
Posted Sep 11, 2017 at Insurance Law Hawaii
The ABA's Insurance Coverage Litigation Committee and the Standing Committee on Disaster Response and Preparedness will join forces to present a roundtable to address needs created by Hurricane Harvey: Weathering the Post-Storm Insurance Claims Process Presented by: Insurance Coverage Litigation... Continue reading
Posted Sep 6, 2017 at Insurance Law Hawaii
Just as Hurricane Harvey departs the state, a new law in Texas, effective September 1, 2017, is going to make it more difficult for home and business owners to pursue claims against their insurance companies. Prior Texas law imposed liability... Continue reading
Posted Sep 5, 2017 at Insurance Law Hawaii
The insurer's motion for summary judgment, attempting to bar coverage under two endorsements for a wrongful death suit, was denied. Essex Ins. Co. v. FD Event Co., LLC, 2017 U.S. Dist. LEXIS 124400 (C.D. Calif. July 25, 2017). FD Event... Continue reading
Posted Aug 30, 2017 at Insurance Law Hawaii
Affirming the district court, the Third Circuit found that the insured's testimony that she expected her loss to be covered was harmless. Gordon v .Allstate Prop. & Cas. Ins. Co., 2017 U.S. App. LEXIS 13507 (3rd Cir. July 26, 2017).... Continue reading
Posted Aug 28, 2017 at Insurance Law Hawaii
The Federal District Court denied two plaintiffs' claims for breach of the policy and for bad faith because they were not insureds under the policy. Tu v. Dongbu Ins. Co., 2017 U.S. Dist. LEXIS 115200 (N.D. Calif. July 24, 2017).... Continue reading
Posted Aug 23, 2017 at Insurance Law Hawaii
The federal district court determined there was coverage for losses sustained by the insured due to a cyber attack. Medidata Solutions, Inc. v. Federal Ins. Co., 2017 U.S. Dist. LEXIS 122210 (S.D. N.Y. July 21, 2017). Medidata provided cloud-based services... Continue reading
Posted Aug 21, 2017 at Insurance Law Hawaii
The court found that the insured's faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed... Continue reading
Posted Aug 16, 2017 at Insurance Law Hawaii
The California Court of Appeal reversed the trial court's issuance of summary judgment to the insurer, finding that the insured did not make misrepresentations when applying for a policy to cover rental property. Duarte v. Pacific Spec. Ins. Co., 13... Continue reading
Posted Aug 14, 2017 at Insurance Law Hawaii
The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v. Nat'l Decorating Serv., Inc., 2017 U.S. App. LEXIS 12516 (7th Cir.... Continue reading
Posted Aug 9, 2017 at Insurance Law Hawaii
Although the insured claimed damages to her home was caused by vibrations from nearby construction, the court held she failed to overcome the insurer's expert's opinion that the damage resulted from excluded causes such as wear and tear, cracking and... Continue reading
Posted Aug 7, 2017 at Insurance Law Hawaii
The Ninth Circuit affirmed the jury’s award of $14 million in damages after finding Allstate was in bad faith in refusing to settle the matter. Madrigal v. Allstate Indem Co., 2017 U.S. App. LEXIS 10643 (9th Cir. June 15, 2017).... Continue reading
Posted Aug 2, 2017 at Insurance Law Hawaii
The magistrate recommended that summary judgment be entered in favor of the insurer, thereby eliminating coverage for property damage incurred during Hurricane Sandy. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2017 U.S. Dist. LEXIS 103015 (E.D. N.Y. June... Continue reading
Posted Jul 31, 2017 at Insurance Law Hawaii