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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
No Coverage for Construction Defect Claim Only Impacting Insured's Work
In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super.... Continue reading
Posted yesterday at Insurance Law Hawaii
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Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss
The court granted the insurer's motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist. LEXIS 196105... Continue reading
Posted 3 days ago at Insurance Law Hawaii
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Claim under Cyber Policy Fails
The insured's claim failed to fall within coverage under the cyber policy. Ford L.L.C. v. Lexington Ins. Co., 2023 U.S Dist. LEXIS 177426 (W.D. La. Oct. 2. 2023). The insured, Benoit Ford, LLC and Benoit Nissan, LLC, sought coverage under... Continue reading
Posted 6 days ago at Insurance Law Hawaii
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Hawaii Supreme Court Rules Insurers Have No Right to Reimbursement of Defense Costs
Facing an issue of first impression in Hawaii, the Supreme Court held that insurers have no right to reimbursement of defense costs unless the policy specifically provides for reimbursement. St. Paul Fire and Marine Ins. Co., et al. v. Bodell... Continue reading
Posted Nov 20, 2023 at Insurance Law Hawaii
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Traditional Pollution Exclusion Does Not Bar COVID-19 Claim
The trial court's dismissal of the insured's loss of business income claim due to COVID-19 based upon a traditional pollution exclusions was reversed and remanded as to most of the insurers. JRK Prop. Holdings v. Colony Ins. Co., 2023 Cal.... Continue reading
Posted Nov 15, 2023 at Insurance Law Hawaii
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No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co.... Continue reading
Posted Nov 13, 2023 at Insurance Law Hawaii
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Insured Cannot Sue to Challenge Binding Appraisal Decision
The court dismissed the insured condominium association's challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS 169458 (N. D. Ill. Sept. 22, 2023). In July 2020, the... Continue reading
Posted Nov 8, 2023 at Insurance Law Hawaii
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Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
The trial court's order granting the insured's motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured's additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023... Continue reading
Posted Nov 6, 2023 at Insurance Law Hawaii
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Appraisal Award for Damaged Roof Tiles Challenged
The district court denied Travelers' motion for summary judgment and granted the insureds' motion in part regarding replacement of roof tiles damaged in a hail storm. Bertisen v. Travelers Home & Marine Ins. Co., 2023 U.S. Dist. LEXIS 159649 (D.... Continue reading
Posted Nov 1, 2023 at Insurance Law Hawaii
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Insured's COVID-19 Claim Survives Motion to Dismiss under Accidental Contamination Coverage
The insured's COVID-19 claim was dismissed under one policy, but survived a motion to dismiss under a second Restaurant Recovery Policy. Menchies Group, inc. v. Mass Bay Ins Co., 2023 U.S. Dist. LEXIS 153933 (S.D. N.Y. Aug. 31, 2023). Menchies... Continue reading
Posted Oct 25, 2023 at Insurance Law Hawaii
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Governmental Action Exclusion Bars Claim for Damage to Insured's Building
The lower court's decision finding no coverage based upon the governmental action exclusion was affirmed by the Appellate Court of Illinois. McCann Plumbing, Heating & Cooling v. Pekin Ins. Co., 2023 Ill.App. LEXIS 300 (Ill. App. Ct. Aug. 23, 2023).... Continue reading
Posted Oct 23, 2023 at Insurance Law Hawaii
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Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied
The court rejected the insurer's motion for reconsideration attempting to set aside the appraisal award that determined the cause of loss. Mesco Mfg., LLC v. Motorists Mut. Ins. Co., 2023 WL 5334659 (S.D. Ind. Aug. 18, 2023). Mesco suffered a... Continue reading
Posted Oct 18, 2023 at Insurance Law Hawaii
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Portions of Policyholder's Expert's Opinions Excluded
The federal district court granted, in part, the insurer's motion to exclude portions of expert testimony. Tundra M. Holdings, LLC v. Markel Ins. Co., 2023 U.S. Dist. LEXIS 139952 (D. Alaska Aug. 10, 2023). Plaintiff alleged a building it owned... Continue reading
Posted Oct 11, 2023 at Insurance Law Hawaii
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Duty to Indemnify May Exist Even if Duty to Defend Does Not
The Fifth Circuit affirmed the district court's granting the insurer's motion for summary judgment on the duty to defend, but reversed the district court's ruling that there was no duty to indemnify. Liberty Mut. Fire Ins. Co. v. Copart of... Continue reading
Posted Oct 9, 2023 at Insurance Law Hawaii
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After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel
After breaching its duty to defend, the insurer could not take advantage of a California statute allowing insurers to establish rates for defense counsel. S. Cal. Edison Co. v. Greenwich Ins. Co., 2023 U.S. Dist. LEXIS 151695 (C.D. Cal. July... Continue reading
Posted Oct 4, 2023 at Insurance Law Hawaii
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Bad Faith, Emotional Distress Claims Reinstated Against Health Insurer
The Hawaii Intermediate Court of Appeals reversed the trial court's grant of summary judgment to the health insurer, reinstating the insured's claims for bad faith and emotional distress. Groeger v. Kaiser Foundation Health Plan, Inc., 2023 Haw. App. LEXIS 308... Continue reading
Posted Oct 2, 2023 at Insurance Law Hawaii
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Ninth Circuit Certifies Pollution Exclusion Issue to Alaska Supreme Court
The Ninth Circuit certified a question on the interpretation of the pollution exclusion to the Alaska Supreme Court. Estate of Joshua Wheeler v. Garrison Prop. and Cas. Ins. Co., 2023 U.S. App. LEXIS 23648 (9th Circuit Sept. 6, 2023). Josiah... Continue reading
Posted Sep 30, 2023 at Insurance Law Hawaii
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Harvard's Claim Rejected for Untimely Notice
Harvard College's claim for excess coverage was properly denied for failure to provide timely notice on a claims-made policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 2023 U.S. App. LEXIS 20715 (1st Cir. Aug. 9, 2023).... Continue reading
Posted Sep 27, 2023 at Insurance Law Hawaii
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Insured's Claim Against Broker Dismissed for Not Being Ripe
The insured hospital's claim against its broker for allowing a policy to lapse was dismissed on ripeness grounds. WakeMed v. Willis Towers Watson Southeast, Inc., 2023 U.S. Dist. LEXIS 139115 (W.D. N.C. Aug. 9, 2023). WakeMed was a hospital system... Continue reading
Posted Sep 25, 2023 at Insurance Law Hawaii
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Tenth Circuit Reverses District Court's Ruling that Contractor Entitled to a Defense
After the district court granted the insured contractor's motion for judgment on the pleadings on the duty to defend, the Tenth Circuit found there was no coverage and reversed. Owners Ins. Co. v. Greenhalgh Planning & Development, Inc., 2023 U.S.... Continue reading
Posted Sep 20, 2023 at Insurance Law Hawaii
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Maryland Federal Court Holds Appraisal Subject to Federal Arbitration Act
The Maryland Federal District Court granted the insured's motion to dismiss because the matter was appropriate for arbitration. Travelers Cas. Ins. Co. of Am. v. Papagiannopoulous, 2023 U.S. Dist. LEXIS 130876 (D. Md. July 27, 2023). The insured's property was... Continue reading
Posted Sep 18, 2023 at Insurance Law Hawaii
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Denial of Claim Based Upon Dispute over EUO Overturned
The First Circuit reversed the district court's granting of summary judgment to the insurer based upon a dispute over compliance with attending Examinations Under Oath. Philadelphia Indem. Ins. Co. v. BAS Holding Corp., 2023 U.S. App. LEXIS 21573 (1st Cir.... Continue reading
Posted Sep 16, 2023 at Insurance Law Hawaii
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Insureds' Experts Insufficient to Survive Insurer's Motion for Summary Judgment
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023). The... Continue reading
Posted Sep 13, 2023 at Insurance Law Hawaii
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Maui Fire Claims Addressed on Think Tech Hawaii
Thank you to Think Tech Hawaii and my partner Na Lan for inviting me to discuss pursuing claims after the Lahaina fire. The video of the interview is here. Continue reading
Posted Sep 11, 2023 at Insurance Law Hawaii
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Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas Emissions
The federal district court certified questions to the Hawaii Supreme Court regarding coverage for underlying allegations of greenhouse gas emissions. Aloha Petroleum, Ltd. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 2023 U.S. Dist. LEXIS 156211 (D. Haw. Sept. 5,... Continue reading
Posted Sep 11, 2023 at Insurance Law Hawaii
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