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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
Affirming the district court, the Second Circuit agreed that the excess insurer had a duty to indemnify the insured for sexual abuse claims. Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Cas. Co., 905 F.3d 84 (2nd Cir. 2018).... Continue reading
Posted 6 days ago at Insurance Law Hawaii
Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured's CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan.... Continue reading
Posted Feb 11, 2019 at Insurance Law Hawaii
The court determined the insurer must defend after confusion arose in renewal of the insured's policy. Nat'l Fire & Marine Ins. Co. v. Infini PLC, 2019 U.S. Dist. LEXIS 1052 (D. Ariz. Jan 3, 2019). The insured, Infini, was insured... Continue reading
Posted Feb 6, 2019 at Insurance Law Hawaii
The dates for this year's ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson are February 27 to March 2, 2019. Again this year, the seminar promises to provide cutting edge CLE programming and many networking opportunities. I will be... Continue reading
Posted Feb 4, 2019 at Insurance Law Hawaii
Interpreting Florida law, the federal district court found that the insurer must defend the subcontractor for claims based upon faulty workmanship. S. Owners Ins. Co. v. Gallo Bldg. Servs., 2018 U.S. Dist. LEXIS 212961 (M.D. Fla. Dec. 18, 2018). Gallo... Continue reading
Posted Jan 30, 2019 at Insurance Law Hawaii
Answering a certified question, the Nevada Supreme Court determined that an insurer breaching its duty to defend may be liable for consequential damages caused to the insured. Century Sur. Co. c. Andrew, 2018 Nev. LEXIS 112 (Nev. Dec. 13, 2018).... Continue reading
Posted Jan 28, 2019 at Insurance Law Hawaii
The court determined that a young girl's suicide prompted by the insured's text messages constituted an occurrence under the homeowner's policy. State Farm Fire and Cas. Co. v. Motta, 2018 U.S. Dist. LEXIS 208472 (E.D. Pa. Dec. 11, 2018). High... Continue reading
Posted Jan 23, 2019 at Insurance Law Hawaii
The plaintiff's suit against her agent for allegedly misleading her regarding certain investment strategies for proceeds of a life insurance policy and fees survived the agent's motion to dismiss. Waldemar v. Golden, 2018 U.S. Dist. LEXIS 204801 (M.D. Fla. Dec.... Continue reading
Posted Jan 16, 2019 at Insurance Law Hawaii
While the insured was able to carry his burden to show the collapse of a roof, he failed to establish damages under the policy. Iannucci v. Allstate Ins. Co., 2018 U.S. Dist. LEXIS 203687 (N.D. N.Y. Dec. 3, 2018). In... Continue reading
Posted Jan 14, 2019 at Insurance Law Hawaii
Our Damon Key team argued a bad faith case before the Hawaii Supreme Court today, Adams v. Hawaii Medical Service Association, SCWC-15-0000396. Pictured below: Joanna Zigler, Rafael del Castillo, Tred Eyerly and Robert Thomas. Continue reading
Posted Jan 11, 2019 at Insurance Law Hawaii
The court dismissed a class action suit against State Farm which sought to establish that a calculation of actual cash value (ACV) in a homeowners policy could not depreciate the cost of labor. Cranfield v. State Farm Fire & Cas.... Continue reading
Posted Jan 9, 2019 at Insurance Law Hawaii
The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters... Continue reading
Posted Jan 7, 2019 at Insurance Law Hawaii
Reversing the district court, the Fifth Circuit found one occurrence after the insured's truck struck multiple vehicles. Evanston Ins. Co. v. Mid-Contenint Cas. Co., 2018 U.S. App. LEXIS 32722 (5th Cir. Nov. 19, 2018). An employee of Global Waste Services,... Continue reading
Posted Jan 2, 2019 at Insurance Law Hawaii
The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas.... Continue reading
Posted Dec 19, 2018 at Insurance Law Hawaii
The Ninth Circuit certified a question to the Washington Supreme Court as follows: Under Washington law, is an insurer bound by representations made by its authorized agent in a certificate of insurance with respect to a party's status as an... Continue reading
Posted Dec 17, 2018 at Insurance Law Hawaii
The Wisconsin Supreme Court determined that a fire damaging several properties arose from one occurrence. Secura Ins. v. Lyme St. Croix Forest Company, LLC., 2018 Wis. LEXIS 579 Oct. 30, 2018). A fire broke out on forest land owned by... Continue reading
Posted Dec 12, 2018 at Insurance Law Hawaii
Insurance Law Hawaii hit eleven years of blogging last week. We started in December 2007, 1251 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape.... Continue reading
Posted Dec 10, 2018 at Insurance Law Hawaii
The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov.... Continue reading
Posted Dec 5, 2018 at Insurance Law Hawaii
The court granted the agent's motion for summary judgment, rejecting the insureds' claim that he negligently failed to obtain snow-ice coverage for two new chicken houses. Slaubaugh Farm, Inc v. Farm Family Cas. Ins. Co., 2018 Del. Super. LEXIS 1144... Continue reading
Posted Dec 5, 2018 at Insurance Law Hawaii
The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was overturned by the Second Circuit. Madelaine Chocolate Novelties, Inc. v. Great... Continue reading
Posted Dec 3, 2018 at Insurance Law Hawaii
The federal district court dismissed some insurers from a class action suit alleging failure to provide coverage for collapse claims. Halloran v. Harleysville Preferred Ins. Co., 2018 U.S. Dist. LEXIS 179807 (D. Conn. Oct. 19, 2018). A class of homeowners... Continue reading
Posted Nov 28, 2018 at Insurance Law Hawaii
The Court of Common Pleas in Ohio determined that BitCoin was property and denied the insurer's motion for judgment on the pleadings seeking to establish there was limited coverage for the loss. Kimmelman v. Wayne Ins. Group, 2018 Ohio Misc.... Continue reading
Posted Nov 26, 2018 at Insurance Law Hawaii
The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio... Continue reading
Posted Nov 21, 2018 at Insurance Law Hawaii
The federal district court agreed with the insurer that there was no coverage for the insured's causing a data breach. St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., 2018 U.S. Dist. LEXIS 173072 (M. D. Fla. Sept.... Continue reading
Posted Nov 19, 2018 at Insurance Law Hawaii
Reversing the intermediate appellate court, the Florida Supreme Court held the insurer liable for bad faith despite imperfect actions by the insured. Harvey v. GEICO Gen. Ins. Co., 2018 Fla. LEXIS 1705 (Fla. Sept. 20, 2018). Insured James Harvey was... Continue reading
Posted Nov 14, 2018 at Insurance Law Hawaii