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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 Home Damaged by Falling Boulders
The policy's earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs' home... Continue reading
Posted 2 days ago at Insurance Law Hawaii
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Breach of Contract Claim Is Not An Occurrence under Kentucky Law
The court determined that failure to comply with a contract was not an occurrence and not a covered claim. Selective Ins. Co. v. Miami Valley Paper Tube Co., 2021 U.S. Dist. LEXIS 4741 (E.D. Ky. Jan. 11, 2021). Crown Services,... Continue reading
Posted 4 days ago at Insurance Law Hawaii
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New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt.... Continue reading
Posted Feb 17, 2021 at Insurance Law Hawaii
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Cherokee Nation Prevails on Summary Judgment in COVID-19 Case
The Oklahoma trial court granted partial summary judgment to the Cherokee Nation for its business interruption claim due to the mandated closure of its casinos. Cherokee Nation, et al v. Lexington Ins. Co., et al., Case No. CV-10-150, Order Granting... Continue reading
Posted Feb 15, 2021 at Insurance Law Hawaii
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Insured's Expectations of Coverage Allows Escape from Dismissal in COVID-19 Claim
While the court found no allegations of direct physical loss in a claim arising from COVID-19, the insured survived a motion to dismiss based upon its expectation of coverage. Humans & Res. v. Firstline Nat'l Ins. Co., 2021 U.S. Dist.... Continue reading
Posted Feb 10, 2021 at Insurance Law Hawaii
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California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim
A Superior Court in California overruled the insurer's demurrer to the policy holder's complaint seeking business interruption coverage after government shutdown orders were issued because of the coronavirus pandemic. Goodwill Industries of Orange County, California v. Philadelphia Indemnity Ins. Co.,... Continue reading
Posted Feb 8, 2021 at Insurance Law Hawaii
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No Duty to Indemnify Where No Duty to Defend
The Montana Supreme Court held that because there was no duty to defend the insureds' intentional acts, the insurer had no duty to defend. Farmers Ins. Exch. v. Wessel, 2020 Mont. LEXIS 2617 (Mont. Dec. 22, 2020). The insureds' property... Continue reading
Posted Feb 3, 2021 at Insurance Law Hawaii
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Policyholder Prevails on Summary Judgment in COVID-19 Business Interruption Claim
Summary judgment was awarded to the insureds on their business interruption claim due to governmental closures during the COVID-19 pandemic. Henderson Rd. Rest. Sys. v. Zurich Am. Ins. Co., 2021 U.S. Dist. LEXIS 9521 (N.D. Ohio, Jan. 19, 2021). Plaintiffs... Continue reading
Posted Feb 1, 2021 at Insurance Law Hawaii
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Ninth Circuit Finds Excess Carrier Can Challenge Primary Insurer's Settlement Payment and Erosion of Limits
The court found that the excess carrier had grounds to challenge the primary carrier's allocation of a settlement payment. Scottsdale Ins. Co. v. Certain Underwriters at Lloyds, London, 2020 U.S. App. LEXIS 39771 (9th Cir Dec. 18, 2020). in the... Continue reading
Posted Jan 27, 2021 at Insurance Law Hawaii
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Injury to Employees Endorsement Eliminates Coverage for Insured Employer
The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020). Ravi Sooklal sued... Continue reading
Posted Jan 25, 2021 at Insurance Law Hawaii
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Motion to Dismiss Policyholder's COVID-19 Claim Denied
The court denied the insurer's motion to dismiss a preschool's claim for business interruption due to COVID-19. An endorsement provided coverage for shutdowns by order or recommendation of government authorities due to a communicable disease. Baldwin Acad., Inc. v. Markel... Continue reading
Posted Jan 20, 2021 at Insurance Law Hawaii
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Claim Against Broker Survives Motion to Dismiss
The insured's complaint against its broker for failure to secure adequate coverage survived a motion to dismiss. Broecker v. Conklin Prop., LLC, 2020 N.Y. App. Div. LEXIS 7399 (Dec. 2, 2020). Conklin Property, LLC purchased real property and entered into... Continue reading
Posted Jan 13, 2021 at Insurance Law Hawaii
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Coverage For Computer Fraud Claim Denied
The court found there was no coverage for the property management company after a fraudster sent a false email with wiring instructions, causing a loss of $200,000. Ernst & Haas Mgmt. Co. v. Hiscox, Inc., 2020 U.S. Dist. LEXIS 218379... Continue reading
Posted Jan 11, 2021 at Insurance Law Hawaii
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Food Poisoning From One Restaurant Over Several Days Equals One Occurrence
The court found the was a single occurrence when 124 separate cases of food poisoning were allegedly caused by one restaurant over a four-day period. Travelers Cas. Ins. Co. of Am. v. Mediterranean Grill & Kabob Inc., 2020 U.S. Dist.... Continue reading
Posted Jan 6, 2021 at Insurance Law Hawaii
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Court Denies Motion to Dismiss Plausible Allegations Under Portions of Virus Exclusion
The court granted in part, denied in part, the insurer's motion to dismiss after examining portions of the policy's virus exclusion. Barbershop v. Twin City Fire Ins. Co., 2020 U.S. Dist. LEXIS 211152 (W.D. Texas, Nov. 4, 2020). The insured... Continue reading
Posted Jan 4, 2021 at Insurance Law Hawaii
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Adding Negligent and Fraudulent Misrepresentation Claims in Amended Complaint against Broker Upheld
The court approved the magistrate's decision granting a motion to amend the complaint against the broker for negligent misrepresentation and negligent misrepresentation. Ashford Locke Builders v. GM Contrs. Plus Corp., 2020 U.S. Dist. LEXIS 196646 (E.D. N. Y. Oct. 22,... Continue reading
Posted Dec 30, 2020 at Insurance Law Hawaii
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COVID-19, Business Interruption Claim Survives Motion to Dismiss
The federal district court in Virginia denied the insurer's motion to dismiss the insured's claim for losses due to COVID-19. Elegant Massage, LLC v. State Farm Mut. Auto. Ins. Co., 2020 U.S. Dist. LEXIS 231935 (E.D. Va. Dec. 9, 2020).... Continue reading
Posted Dec 30, 2020 at Insurance Law Hawaii
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Insurer's In-House Counsel's Involvement in Coverage Decision Opens Door to Discovery
The Mississippi Supreme Court held that the insurer must produce written communications from and make available for deposition the in-house counsel who orchestrated the denial of coverage. Travelers Pro. Cas. Co. of Am. v. 100 Renaissance, LLC, 2020 Miss. LEXIS... Continue reading
Posted Dec 28, 2020 at Insurance Law Hawaii
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No Coverage for Collapse of Building
Damage to a building caused by the break of a water pipe was not a collapse under the policy. Naabani Twin Stars v. Travelers Cos., 2020 U.S. Dist. LEXIS 196443 (D. N. M. Oct. 22, 2020). An underground water line... Continue reading
Posted Dec 23, 2020 at Insurance Law Hawaii
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Ninth Circuit Affirms Denial of Coverage in Wrongful Death Action
The Ninth Circuit affirmed the district court's granting of summary judgment to the insurer, agreeing there was no coverage for the defendant in a wrongful death action. National Fire & Marine Ins. Co. v. Hampton, 2020 U.S. App. 33215 (9th... Continue reading
Posted Dec 21, 2020 at Insurance Law Hawaii
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Insured's Claim for Cyber Coverage Rejected
Having failed to adequately secure cyber coverage, the insured law firm's lawsuit was properly dismissed by the trial court on summary judgment. Johnson v. Smith Bros. Ins., LLC, 2020 Vt. Unpub. LEXIS 98 (Vt. Sept. 4, 2020). The law firm... Continue reading
Posted Dec 16, 2020 at Insurance Law Hawaii
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Washington State Court Rejects Insurer's Motion to Dismiss COVID-19 Claim
A Washington state trial court denied the insurer's motion to dismiss the insured's business interruption and civil authority claims arising from COVID-19. Hill and Stout PLLC v. Mutual of Enumclaw Ins. Co., No. 20-2-0725-1 (Wash. Super. Ct. Nov. 13, 2020).... Continue reading
Posted Dec 14, 2020 at Insurance Law Hawaii
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Hawaii Supreme Court Tackles Chain-of-Events Test in UM Claim
In responding to a certified question from the Ninth Circuit, the Hawaii Supreme Court determined that a permissive user was entitled to uninsured motorist benefits under the chain of events test when injured by an uninsured motorist. State Farm Mut.... Continue reading
Posted Dec 9, 2020 at Insurance Law Hawaii
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Hawaii Court of Appeals Confirms Bad Faith Exists Even if No Contractual Duty to Pay Benefits
The Hawaii Intermediate Court of Appeals reversed the trial court's granting of summary judgment to the insurer on the insured's bad faith claim. Carvalho v. AIG Hawaii Insurance Company, Inc., 2020 Haw. App. LEXIS 382 (Haw. Ct. App. Nov. 16,... Continue reading
Posted Dec 7, 2020 at Insurance Law Hawaii
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Blog is Thirteen Years Old
Insurance Law Hawaii is thirteen years this week, 1453 posts later. We began in December 2007. We strive to keep readers abreast of new developments in cases from Hawaii and across the country. Coverage issues in the past year have... Continue reading
Posted Dec 2, 2020 at Insurance Law Hawaii
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