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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 court determined there was no duty to defend because the underlying complaint alleged the contractor's breach of contract, but no property damage. Southern-Owners Ins. Co. v. Mac Contractors of Florida, 2020 U.S Dist. LEXIS 14611 (M.D. Fla. Jan. 29,... Continue reading
Posted 4 days ago at Insurance Law Hawaii
Last week, the first lawsuit was filed seeking insurance coverage for business-interruption due to losses caused by COVID-19. The case, Cajun Conti, LLC, et al. v. Certain Underwriters at Lloyd's of London, ,et al., was filed in Louisiana. A New... Continue reading
Posted 6 days ago at Insurance Law Hawaii
The umbrella insurer was required to drop down when the primary carrier's policy only covered the additional insured when it was vicariously liable for the named insured's operations. Am. States Ins. Co. v. Ins. Co. of the State of Pa.,... Continue reading
Posted 6 days ago at Insurance Law Hawaii
The New York Department of Financial Services (DFS) took the unusual step last week of instructing all property/casualty insurers to provide information on commercial property insurance and details on business interruption coverage in light of the COVID-19 outbreak. The notice... Continue reading
Posted Mar 19, 2020 at Insurance Law Hawaii
In an unpublished decision, the Illinois Appellate Court determined that claims against the insured painting contractor had to be defended by the CGL carrier. Owners Ins. Co. v. Precision Painting & Decorating Corp., 2019 Ill. App. Unpub. LEXIS 2425 (Ill.... Continue reading
Posted Mar 18, 2020 at Insurance Law Hawaii
Individuals and businesses are asking what insurance coverage might be available for harm caused by COVID-19 and the coronavirus. Here is a short survey addressing possible coverage under various policies. Property Insurance - Typically, damage to tangible property by "covered... Continue reading
Posted Mar 12, 2020 at Insurance Law Hawaii
The court found direct physical loss was established, allowing coverage for a ransomware attack on the insured's computer server and networked computers. Nat'l Ink & Stitch, LLC v. State Auto Prop. & Cas. Ins. Co., 2020 U.S. Dist. LEXIS 11411... Continue reading
Posted Mar 11, 2020 at Insurance Law Hawaii
Although the appellate court agreed there was property damage caused by an occurrence, the "your work" exclusion barred the insured contractor's claim. King's Cove Marina, LLC v. Lambert Commercial Construction. LLC, 2019 Minn. App. LEXIS 389 (Minn. Ct. App. Dec.... Continue reading
Posted Mar 9, 2020 at Insurance Law Hawaii
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Our panel addressed Procedural Bad Faith this morning at the ABA’s Insurance Coverage Litigation Committee’s annual seminar this morning in Tucson, AZ. Continue reading
Posted Mar 6, 2020 at Insurance Law Hawaii
The insurer was unsuccessful in seeking rescission or reformation of an umbrella policy. Great Am. Ins. Co. v. Zelik, 2020 U.S. District. LEXIS 5229 (S.D. N. Y. Jan. 6, 2020). Kim Hodges tripped and fell in front of vacant lot... Continue reading
Posted Mar 4, 2020 at Insurance Law Hawaii
The Illinois Appellate Court held that there was no coverage for faulty workmanship causing damage to property, but there was coverage for damage to personal property. Certain Underwriters at Lloyd's London v. Metropolitan Builders, Inc., Ill. App. LEXIS 979 (Ill.... Continue reading
Posted Mar 2, 2020 at Insurance Law Hawaii
The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S.... Continue reading
Posted Feb 26, 2020 at Insurance Law Hawaii
Accepting the insured's amended complaint, the federal district court of Hawaii remanded the coverage action to state court. Hale v. Lloyd's, London, 2020 U.S. Dist. LEXIS 9061 (D. Haw. Jan. 17, 2020). Hale purchased a policy for his home in... Continue reading
Posted Feb 24, 2020 at Insurance Law Hawaii
The Florida Record reports that an insurance association has urged the Florida legislature to not recognize the recently issued Restatement of the Law, Liability Insurance (RLLI). The post is here. The American Law Institute (ALI) authored the RLLI, published in... Continue reading
Posted Feb 19, 2020 at Insurance Law Hawaii
The Eleventh Circuit agreed that a sophisticated phishing scheme that persuaded an employee to wire money to a foreign bank account was a direct physical loss covered under a commercial crime policy. Principle Solutions Group, LLC v. Ironshore Indemn., Inc.,2019... Continue reading
Posted Feb 17, 2020 at Insurance Law Hawaii
The Ninth Circuit, relying upon the Washington Supreme Court's response to a certified question (prior post here] found that the insurer was bound by the agent's certificate of insurance identifying an additional insured. T-Mobile USA Inc. v. Selective Ins. Co... Continue reading
Posted Feb 12, 2020 at Insurance Law Hawaii
A bill prohibiting the use of anti-concurrent causation clauses in homeowners' insurance policies has been introduced before the New Jersey legislature. The bill is here. Under an anti-concurrent causation clause, the policy bars coverage if two perils (i.e., wind and... Continue reading
Posted Feb 10, 2020 at Insurance Law Hawaii
The Vermont Supreme Court reversed the trial court's decision for collapse coverage. Commercial Constr. Endeavors, Inc. v. Ohio Sec. Ins. Co., 2019 Vt. LEXIS 173 (Vt. Sup. Ct. Dec. 13,2019). Commercial Construction Endeavors, Inc. (CCE) built a livestock barn. By... Continue reading
Posted Feb 5, 2020 at Insurance Law Hawaii
The federal district court for the district of Hawaii determined that the insurer could recover defense costs from an additional insured consistent with its Reservation of Rights letter under an unjust enrichment theory. Giga, Inc. v. Kiewit Infrastructure W. Co.,... Continue reading
Posted Feb 3, 2020 at Insurance Law Hawaii
HB No. 2320, a revision to the Hawaii Insurance Code to regulate public adjusters, has been introduced before the Hawaii Legislature. The bill is here. The bill would require a public adjuster to enter a written contract for services which... Continue reading
Posted Jan 29, 2020 at Insurance Law Hawaii
The 32nd annual ABA Insurance Coverage Litigation Committee CLE seminar is rapidly approaching. The conference will be held in the foothills above Tucson from March 4-7, 2020. The brochure with details and the full seminar schedule is here. As always,... Continue reading
Posted Jan 27, 2020 at Insurance Law Hawaii
The district court granted the motion to remand due to lack of subject matter jurisdiction because the insurer did not sufficiently establish that the amount in controversy was above $75,000. Caceres v. Scottsdale Inc. Co., 2019 U.S. Dist. LEXIS 209688... Continue reading
Posted Jan 22, 2020 at Insurance Law Hawaii
The Ninth Circuit reversed the District Court's denial of a defense based upon ambiguous allegations in the underlying complaint. Pulte Home Corp. v. TIG Ins. Co., 2019 U.S. App. LEXIS 35988 (9th Cir. Dec. 4, 2019). Pulte Home Corporation sued... Continue reading
Posted Jan 20, 2020 at Insurance Law Hawaii
After ignoring a prior order to pay fees, the insurer was ordered again to pay the total fees incurred without challenge to defense counsel's hourly rates. Chelsea Piers, L.P. v. Colony Ins. Co., 2019 N.Y. Misc. LEXIS 6333 (N.Y. Sup.... Continue reading
Posted Jan 15, 2020 at Insurance Law Hawaii
The insured's claim for reformation of the policy after the business interruption coverage was denied was dismissed by the court. Nat'l Compressor Exch., Inc. v. Hanover Ins. Co. Inc., 2019 N.Y. Misc. LEXIS 6370 (N.Y. Sup. Ct. Oct. 23, 2019).... Continue reading
Posted Jan 13, 2020 at Insurance Law Hawaii