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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
Insured Succeeds on Remand by Adding Non-Diverse Agent
The court granted the insured's motion for remand by finding a cognizable claim was asserted against the non-diverse agent. Kamovitch v. Am. Econ. Ins. Co., 2024 U.S. LEXIS 150295 (W.D. Pa. Aug. 22, 2024). American Economy Insurance Company issued a... Continue reading
Posted 15 hours ago at Insurance Law Hawaii
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Insured's Collapse Claim Survives Summary Judgment
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024). Life Skills was a non-profit social... Continue reading
Posted 2 days ago at Insurance Law Hawaii
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Insurer's Subrogation Rights Preserved
The insured's motion for partial summary judgment to eliminate the insurer's right to subrogation was denied. Fireman's Fund Ins. Co. v. S.A. Comunale Co, Inc., 2024 U,S. Dist. LEXIS 141930 (N.D. Ohio Aug. 9, 2024). Fireman's Fund provided property insurance... Continue reading
Posted 7 days ago at Insurance Law Hawaii
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California Supreme Court Finds Virus Endorsement Does Not Cover COVID-19 Claim
Reversing the Court of Appeal, the California Supreme Court determined a virus endorsement did not salvage coverage for business loss due to COVID-19. John's Grill v. Hartford Fin. Serv. Group, Inc., 2024 Cal. LEXIS 4241 (Cal. Aug. 8, 2024). John's... Continue reading
Posted Sep 9, 2024 at Insurance Law Hawaii
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Insurer Waives Objection to Appraiser's Partiality by Waiting Until Appraisal Issued
The Eleventh Circuit affirmed the district court's denial of the insurer's objections on partiality grounds to the insured's appraiser. Biscayne Beach Club Condominium Association, Inc. v. Westchester Surpus Lines Ins. Co., 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6.... Continue reading
Posted Sep 4, 2024 at Insurance Law Hawaii
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Faulty Installation of Heating and Cooling System Does Not Amount to an Occurrence
The trial court determined the insurer had no duty to defend or indemnify for the insured's faulty workmanship in installing a heating and cooling system. Knoblich v. Erie Ins. Exchange, 2024 Pa. Super. Unpub. LEXIS 1899 (Pa. Super Ct. Aug.... Continue reading
Posted Aug 28, 2024 at Insurance Law Hawaii
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Court Denies Insurers' Motion for Summary Judgment on Occurrence and Property Damage
The court rejected the insurers' argument that there was no occurrence or property damage. Ceme-Tube LLC v. Chroma Color Corp., 2024 U.S. Dist. LEXIS 134699 (W.D. Wis. July 30, 2024). The insurers argued on summary judgment that their respective policies... Continue reading
Posted Aug 26, 2024 at Insurance Law Hawaii
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Rainwater Collecting on Rooftop is not Subject to Policy's Flood Sublimits
Responding to a certified question from the First Circuit, the Supreme Judicial Court of Massachusetts determined that rainwater collecting on the insureds' rooftop and causing interior damage was not "flood" as defined in the policy and subject to sublimits. Zurich... Continue reading
Posted Aug 21, 2024 at Insurance Law Hawaii
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Policy's One Year Suit Limitation Does Not Apply to Challenging the Insurer's Claims Handling
The California Supreme Court held that the policy's suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state's unfair competition law... Continue reading
Posted Aug 19, 2024 at Insurance Law Hawaii
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Additional Insured is Loss Payee after Hurricane Damage
Construing the policy language, the federal district court found that the policy's additional insured was the loss payee for damage caused by Hurricanes Laura and Delta. TCP Ryan St. LLC v. Weschester Surplus Lines Ins. Co., 2024 U.S. Dist. LEXIS... Continue reading
Posted Aug 14, 2024 at Insurance Law Hawaii
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Homeowner Survives Motion to Dismiss Depreciation Claims
The insurer's motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024). Plaintiff's home suffered... Continue reading
Posted Aug 12, 2024 at Insurance Law Hawaii
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Fourth Circuit Applies Hawaii Law to Invoke Duty to Defend
The Fourth Circuit Court of Appeals reversed the District Court, holding that under Hawaii law, the insurer had a duty to defend based upon deposition testimony providing facts not found in the underlying complaint. Koppers Performance Chemicals, Inc. v. Argonaut-Midwest... Continue reading
Posted Aug 7, 2024 at Insurance Law Hawaii
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Ensuing Loss Provision Salvages Coverage for Water Damage Claim
The Court of Appeals for the D.C. Circuit reversed the district court's finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co.,... Continue reading
Posted Aug 5, 2024 at Insurance Law Hawaii
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Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak
The Illinois Appellate Court affirmed the trial court's dismissal of the insured's complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS... Continue reading
Posted Jul 31, 2024 at Insurance Law Hawaii
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Additional Insured Not Entitled to Coverage for Named Insured's Defective Work
The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured's defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F.... Continue reading
Posted Jul 29, 2024 at Insurance Law Hawaii
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California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for... Continue reading
Posted Jul 24, 2024 at Insurance Law Hawaii
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Insurers' Motion to Determine Lack of Occurrence Fails
The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024... Continue reading
Posted Jul 22, 2024 at Insurance Law Hawaii
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Insured's Claim for Water Damage Dismissed with Leave to Amend
The court granted the insurer's motion to dismiss the insured's claim for water damage under a homeowners' policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024).... Continue reading
Posted Jul 17, 2024 at Insurance Law Hawaii
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Full Coverage for Phishing Scam Not Established
The California Court of Appeal affirmed the trial court's dismissal of the insured's claim for full coverage after suffering from the phishing scam. Door Sys. v. CFC Underwriting Limited, 2024 Cal. App. Unpub. LEXIS 3441 (Cal. Ct. App. June 3,... Continue reading
Posted Jul 15, 2024 at Insurance Law Hawaii
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COVID-19 Case Survives Insurers' Motion for Partial Summary Judgment Based Upon Endorsement for Infectious Disease
The Nevada trial court distinguished a prior decision from the Nevada Supreme Court and denied the insurers' Motion for Partial Summary Judgment on a COVID-19 claim. Bloomin' Brands, Inc. v. Ace Am. Ins. Co., et al., No. A-21-830204-B (Nev. Dist.... Continue reading
Posted Jul 10, 2024 at Insurance Law Hawaii
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Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
The Eleventh Circuit affirmed the district court's finding of no duty to defend or indemnify because of an answer on the insured's application for insurance. Snell v. United Specialty Ins. Co., 2024 U.S. App. 12733 (11th Cir. May 28, 2024).... Continue reading
Posted Jul 8, 2024 at Insurance Law Hawaii
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Insurer's Suit Against Provider of Vehicle Valuation Services Survives Motion to Dismiss
The Second Circuit vacated the district court's granting of a motion to dismiss the insurer's complaint against the company that provided valuation services for vehicles involved in accidents. Ameriprise Captive Ins. Co. v. Audatex N. Am., Inc., 2024 U.S. App.... Continue reading
Posted Jul 3, 2024 at Insurance Law Hawaii
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Insurer's Motion for Summary Judgment to Dispose of Bad Faith Claim Denied
The court denied the insurer's motion for summary judgment seeking to dismiss the insured's bad faith claim. Landmark Am. Ins. Co. v Esters, 2024 U.S Dist LEXIS 93008 (W.D. La. May 23, 2024). The case arose out of circumstances occurring... Continue reading
Posted Jul 1, 2024 at Insurance Law Hawaii
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Court Considers Damage Calculation for Cyber Attack
The court was asked to determine the correct methodology for calculating Business Income Loss under the Smart Cyber Insurance Policy after the insured suffered from a cyber attack. Heritage Co., Inc. v. Hudson Excess Ins. Co., 2024 U.S. Dist. LEXIS... Continue reading
Posted Jun 26, 2024 at Insurance Law Hawaii
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California Court of Appeal Finds Coverage for Injured Worker Despite Contractor's Exclusion
The California Court of Appeal affirmed the trial court's finding that the policy covered a worker's injuries despite the Contractor's Exclusion. Cal. Spec. Insulation . Allied Work Surplus Lines, Ins. Co., 2024 Cal. App. LEXIS 317 (Cal. Ct. App. May... Continue reading
Posted Jun 24, 2024 at Insurance Law Hawaii
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