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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
Interpreting Connecticut law, the federal district court had that the insured sub-contractor was entitled to a defense. County Wide Mech. Servs. LLC v. Regent Ins. Co., 2022 U.S. Dist. LEXIS 86726 (D. Conn. May 13, 2022). The underlying plaintiff, The... Continue reading
Posted 6 hours ago at Insurance Law Hawaii
In an unusual move for a federal district court handling COVID-19 claims, a certified question was submitted to the Maryland Court of Appeals for an interpretation of state law. Tapestry, Inc. v. Factor Mut. Ins. Co., 2022 U.S. Dist. LEXIS... Continue reading
Posted 2 days ago at Insurance Law Hawaii
The Louisiana Court of Appeals reversed the lower court's decision, finding there was business interruption coverage for losses due to government shutdown orders related to the COVID-19 pandemic. Cajun Conti LLC v. Certian Underwriters at Lloyd's, 2022 La. App. LEZXIS... Continue reading
Posted 7 days ago at Insurance Law Hawaii
The Appellate Division of the New York Supreme Court affirmed the lower court's denial of a motion to dismiss the insured's business interruption claim arising from COVID-19 closures. New York Botanical Garden v. Allied Work Assur. Co. (U.S.), 2022 N.Y.... Continue reading
Posted Jun 20, 2022 at Insurance Law Hawaii
The court denied the insurer's motion for partial summary judgment seeking to dismiss the insured's claim for bad faith in handling his claim. Davis v. Allstate Indem. Co., 2022 U.S. Dist. LEXIS 93475 (C.D. Cal. April 15, 2022). On February... Continue reading
Posted Jun 15, 2022 at Insurance Law Hawaii
The Federal District Court, District of New Mexico, found that the insurer had a duty to defend allegations of sexual abuse lodged against the insured. Proassurance Spec. Ins. Co. v. Familyworks, Inc., 2022 U.S. Dist. LEXIS 71434 (D. N.M. April... Continue reading
Posted Jun 13, 2022 at Insurance Law Hawaii
Applying Hawaii law, the district court found the insurer had no duty to defend a suit for personal injury caused by environmental harm. Koppers Performance Chems., Inc. v. Travelers Indem. Co., 2022 U.S. Dist. LEXIS 71642 (D. S.C. April 18,... Continue reading
Posted Jun 8, 2022 at Insurance Law Hawaii
The Fourth Circuit upheld the district court's decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022).... Continue reading
Posted Jun 6, 2022 at Insurance Law Hawaii
Under Florida law, the court granted the insurer's motion in limine to exclude evidence of bad faith until a breach of the policy was established, but denied the motion insofar as it sought to exclude evidence of bad faith claims... Continue reading
Posted Jun 1, 2022 at Insurance Law Hawaii
The South Carolina Supreme Court held that a post-loss assignment of rights under the policy was valid even though consent of the insurer was not requested. PCS Nitrogen, Inc. v. Cont'l Cas. Co., 2022 S.C. LEIXS 54 (S.C. April 13,... Continue reading
Posted May 25, 2022 at Insurance Law Hawaii
The 2022 Hawaii legislative session has adjourned with two insurance-related bills passed and and now pending before the governor. The new legislation amends existing statutes that are not within the everyday parlance of coverage lawyers. The bills are as follows:... Continue reading
Posted May 23, 2022 at Insurance Law Hawaii
Granting the insured's motion for partial judgment on the pleadings, the court determined the insurers had a duty to defend. Suez Treatment Solutions, Inc. v. Ace Am. Ins. Co. & Liberty Mut. Fire Ins. Co., 2022 U.S. Dist. LEXIS 59044... Continue reading
Posted May 18, 2022 at Insurance Law Hawaii
The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster's lack of knowledge of recent case law in Washington. Sec. Nat'l Ins. Co. v. Constr. Assocs. of Spokane, 2022... Continue reading
Posted May 16, 2022 at Insurance Law Hawaii
The federal district court found no duty to defend claims of faulty workmanship under certain policies issued to the insured contractor, but rejected arguments made by the Insurers regarding various provisions of the general liability and excess policies. St. Paul... Continue reading
Posted May 11, 2022 at Insurance Law Hawaii
After the trial court discounted the insured's expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022).... Continue reading
Posted May 9, 2022 at Insurance Law Hawaii
The Eleventh Circuit held that a victim of sexual abuse could not appeal a declaratory judgment that the insurer had no duty to defend the accused insured. Nationwide Mut. Ins. Co. v. Barrow, 2022 U.S. App. LEXIS 8267 (11th Cir.... Continue reading
Posted May 4, 2022 at Insurance Law Hawaii
The Mississippi Supreme Court found the pollution exclusion ambiguous under the facts presented. Omega Protein, Inc. v. Evanston Ins. Co., 2022 Miss. LEXIS 90 (Miss. March 31, 2022). Omega Protein, Inc., entered a contract with Ascu-fab to perform welding and... Continue reading
Posted May 2, 2022 at Insurance Law Hawaii
Claims that the broker failed to secure adequate coverage for condominium owners were dismissed. Ting Lin v. Mountain Valley Indemn. Co., 2022 N.Y. Misc. LEXIS 1254 (N.Y. Sup. Ct. March 10, 2022). The amended complaint alleged the agent, Century Max... Continue reading
Posted Apr 27, 2022 at Insurance Law Hawaii
While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center and other properties due to COVID-19, a portion of their claims survived. L.A. Lakers v. Fed... Continue reading
Posted Apr 25, 2022 at Insurance Law Hawaii
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022). A discharge... Continue reading
Posted Apr 20, 2022 at Insurance Law Hawaii
The insurer's motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a... Continue reading
Posted Apr 18, 2022 at Insurance Law Hawaii
The Ninth Circuit affirmed the district court's order granting summary judgment to the insurer who denied coverage based upon the policy's subsidence exclusion. Atain Spec. Ins. Co. v. JKT Associates, 2022 U.S. App. LEXIS 6351 (9th Cir. March 11, 2022).... Continue reading
Posted Apr 13, 2022 at Insurance Law Hawaii
The court found that a fraudster's sending of an email was a "computer use" under the Computer Fraud Insuring Agreement (CFIA) of the policy. City of Unalaska v. Nat'l Union Fire Ins. Co., 2022 U.S. Dist. LEXIS 51387 (D. Alaska... Continue reading
Posted Apr 11, 2022 at Insurance Law Hawaii
The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat'l Mut. Cas. Ins. Co. v. River City Roofing, 2022 U.S. Dist. LEXIS 38226 (E.D. Va. March 3, 2022). Branch Builds, Inc,... Continue reading
Posted Apr 6, 2022 at Insurance Law Hawaii
The court found that the insured's negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D.... Continue reading
Posted Apr 4, 2022 at Insurance Law Hawaii