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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
Insurer Awarded Summary Judgment on Collapse Claim
The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios... Continue reading
Posted yesterday at Insurance Law Hawaii
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On to Year Thirteen for Blog
Insurance Law Hawaii hits twelve years of existence this week, 1347 posts later. We started in December 2007. We continue in order to keep up on developing issues in insurance law. We strive to keep readers abreast of new developments... Continue reading
Posted 6 days ago at Insurance Law Hawaii
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Insurer Rejecting Construction Defect Claim Must Share in Defense Costs
One insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured's tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS... Continue reading
Posted Dec 2, 2019 at Insurance Law Hawaii
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Collapse of Breezeway Attached to Building Covered
The federal district court found that a breezeway that collapsed during a party was covered by the commercial property policy. DENC, LLC v. Philadelphia Indem. Ins. Co., 2019 U.S. Dist. LEXIS 179083 (M.D. N.C. Oct. 15, 2019). DENC owned an... Continue reading
Posted Nov 27, 2019 at Insurance Law Hawaii
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Insurer Must Honor Written Representation Made By its Agent in Certificate of Insurance
Answering a certified question from the Ninth Circuit, the Washington Supreme Court responded that an insurer's agent who makes a representation in a certificate of insurance binds the insurer. T-Mobile USA Inc. v. Selective Ins. Co. of Am., 2019 Wash.... Continue reading
Posted Nov 25, 2019 at Insurance Law Hawaii
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Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers... Continue reading
Posted Nov 20, 2019 at Insurance Law Hawaii
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Denial of Coverage Reversed, Remanded for Possible Reformation of Policy
The Seventh Circuit reversed and remanded for consideration of reformation of the professional liability policy after the district court found there was no coverage. Crum & Forster Spec. Ins. Co. v. DVO, Inc., 939 F. 3d 852 (7th Cir. 2019).... Continue reading
Posted Nov 18, 2019 at Insurance Law Hawaii
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Third Circuit Remands Denial of Coverage Based on Expected and Intended Definition of Occurrence
While affirming the district court's denial of coverage under policies that defined occurrence as an accident, the Third Circuit remanded for further consideration of the policies containing an expected and intended definition of occurrence. Sapa Extrusions, Inc. v. Liberty Mut.... Continue reading
Posted Nov 13, 2019 at Insurance Law Hawaii
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Auto Policy Provides No Coverage For Death Caused by Reckless Driving
The Magistrate Judge for the Federal District Court of Hawaii recommended a finding that there was no coverage under the deceased driver's car rental policy or rental agreement for an accident caused by reckless driving. Praetorian Ins. Co. v. Estate... Continue reading
Posted Nov 6, 2019 at Insurance Law Hawaii
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Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor
Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019... Continue reading
Posted Nov 4, 2019 at Insurance Law Hawaii
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Insurer's Attempt to Strike Experts in Collapse Case Fails
The insurer's efforts to exclude two of the insured's experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019). The insureds' building collapsed. The remaining... Continue reading
Posted Oct 30, 2019 at Insurance Law Hawaii
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Insurer Granted Summary Judgment on Denial of Construction Defect Claim
The court granted the insurer's motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29,... Continue reading
Posted Oct 28, 2019 at Insurance Law Hawaii
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Damon Key Colleague Robert Thomas Honored
My partner and blogging colleague [blog here] at Damon Key, Robert Thomas, received a well-deserved appointment this week. Robert will serve as a new member of the American Law Institute and will bring his expertise to ALI. ALI clarifies the... Continue reading
Posted Oct 23, 2019 at Insurance Law Hawaii
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Certified Question Asks Texas Supreme Court About Use of Extrinsic Evidence In Determining Duty to Defend
The Fifth Circuit certified a question to the Texas Supreme Court about the use of extrinsic evidence in determining the insurer's duty to defend. State Farm Lloyds v. Richards, et al, 2019 U.S. App. LEXIS 27221 (5th Cir. Sept. 9,... Continue reading
Posted Oct 21, 2019 at Insurance Law Hawaii
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Court Denies Insurer's Motion to Dismiss Collapse Claim
Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer's motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019). In 1993,... Continue reading
Posted Oct 16, 2019 at Insurance Law Hawaii
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HSBA Presentation for Insurance Coverage Section
Posted Oct 14, 2019 at Insurance Law Hawaii
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Pro Se Plaintiff's Motion to Dismiss Federal Claim against Carrier Without Prejudice Denied
The Hawaii federal district court denied the pro se plaintiff's motion to dismiss his claim against the carrier without prejudice. Greenspon v. AIG Specialty Ins. Co., et al., 2019 U.S. Dist. LEXIS 144148 (D. Haw. Aug. 23, 2019). Greenspon secured... Continue reading
Posted Oct 14, 2019 at Insurance Law Hawaii
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Insurance Agent Successful in Dismissing Insureds' Claims for Fraud
The Federal District Court for Hawaii granted Moa Insurance Services Hawaii's (Moa) motion to dismiss the insureds' complaint alleging that they had been forced to purchase worthless surplus lines policies for volcano damage. Aquilina v. Certain Underwriters at Lloyd's Syndicate... Continue reading
Posted Oct 9, 2019 at Insurance Law Hawaii
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Equal Access to Justice Act Fee Request Rejected in Flood Case
The insured's claim for fees under the Equal Access to Justice Act (EAJA) for seeking coverage under a flood policy was rejected. Hampson v. Wright Nat'l Flood Ins. Co., No. 4:19-cv-10083-KMM (S.D. Fla. Aug. 11, 2019)(Order on Motion to Dismiss).... Continue reading
Posted Oct 7, 2019 at Insurance Law Hawaii
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Hawaii Supreme Court Finds Insurer's Actions Prior to Submission of Claim Can Constitute Bad Faith
In an issue of first impression in Hawaii, the Hawaii Supreme Court ruled that an insurer's actions before an actual claim is submitted can be considered in determining whether the insurer acted in bad faith. Adams v. Hawaii Medical Service... Continue reading
Posted Oct 1, 2019 at Insurance Law Hawaii
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Endorsements Preclude Coverage for Alleged Faulty Workmanship
The court found coverage for alleged faulty workmanship was barred by the Combination Construction Related Endorsement and Roofing Endorsement. Evanston Ins. Co. v. A&S Roofing, 2019 U.S. Dist. LEXIS 142828 (W.D. Okla. Aug. 22, 2019). In 2010, A&S entered into... Continue reading
Posted Sep 30, 2019 at Insurance Law Hawaii
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Insured's Remand of Bad Faith Action Granted
The federal district court agreed remand of the insured's bad faith action to state court was appropriate. Kavanaugh v. Nat'l Union Fire Ins. Co., 2019 U.S. Dist. LEXIS 138465 (C.D. Calif. Aug. 15, 2019). The insured sued National Union and... Continue reading
Posted Sep 25, 2019 at Insurance Law Hawaii
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Court Grants Motion to Dismiss Negligence Claim Against Flood Insurer
The insurer successfully moved to dismiss the insured's negligence claim and demand for jury trial, leaving only the insured's breach of insurance contract claim under the National Flood Insurance Program (NFIP). La Mirage Homeowners Association Inc. v. Wright National Flood... Continue reading
Posted Sep 23, 2019 at Insurance Law Hawaii
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Insurer's Quote on Coverage for Theft by Hacker Creates Issue of Fact
The appellate court found that the insurer's quote created an issue of fact on whether loss caused by a computer hacker would be covered. Metal Pro Roofing, LLC v. Cincinnati Ins. Co., 2019 Ind. App. LEXIS 355 (Ind. Ct. App.... Continue reading
Posted Sep 18, 2019 at Insurance Law Hawaii
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Ongoing Operations Exclusion Bars Coverage
The insurer denied the insured contractor's claim seeking a defense for faulty workmanship based upon the ongoing operations exclusion. PJR Constr. of N.J. v. Valley Forge Ins. Co., 2019 U.S. Dist. LEXIS 127973 (D. N. J. July 31, 2019). PJR... Continue reading
Posted Sep 16, 2019 at Insurance Law Hawaii
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