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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 Must Pay Portions of Arbitration Award Related to Faulty Workmanship
The court determined that portions of an arbitration award against the insured contractor based upon faulty workmanship were covered by the policy. Wallace v. Nautilus Ins. Co., 2019 U.S. Dist. LEXIS 122219 (D. N. H. July 23, 2010). Plaintiffs, owners... Continue reading
Posted 2 days ago at Insurance Law Hawaii
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Insurer Must Cover Portions of Arbitration Award
The court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S. DIst. LEXIS 116093 (S.D. Texas July 12, 2019). Descon Construction contracted with... Continue reading
Posted 4 days ago at Insurance Law Hawaii
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Professor Stempel's Excpert Testimony for Insurer Excluded
The court denied Daubert motions for several experts with the exception of Professor Stempel's expert testimony opining that the insurer did not act in bad faith Adell Plastics, Inc. v. Mt. Hawley Ins. Co., 2019 U.S. Dist. LEXIS 102942 (D.... Continue reading
Posted Aug 14, 2019 at Insurance Law Hawaii
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Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
The federal district court denied the insurer's motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D.... Continue reading
Posted Aug 12, 2019 at Insurance Law Hawaii
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9th Circuit Certifies Question on Reimbursement of Defense Costs to Nevada Supreme Court
The Ninth Circuit certified a question to the Nevada Supreme Court, asking whether the insurer can seek reimbursement of defense costs if it is determined the insurer has no duty to defend. Nautilus Ins. Co. v. Access Medical, LLC, 2019... Continue reading
Posted Aug 7, 2019 at Insurance Law Hawaii
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Injury Caused by Drunk Driver is "Accident" Covered by Policy
Noting that only an insurance company could suggest no coverage for an injury caused by a drunk driver, the Fifth Circuit rejected the insurer's argument. Frederking v. Cincinnati Ins. Co., 2019 U.S. App. LEXIS 19796 (5th Cir. July 2, 2019).... Continue reading
Posted Aug 5, 2019 at Insurance Law Hawaii
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Insurer Timely Denies Claim of Additional Insured
No defense was owed to the additional insured despite the argument that the insurer's denial was untimely. Houston Cas. Co. v. Cavan Corp. of NY, Inc., 2019 N.Y. Misc. LEXIS 3556 (N.Y. Sup. June 27, 2019). Cavan Corporation entered a... Continue reading
Posted Jul 31, 2019 at Insurance Law Hawaii
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Contractor Entitled to Defense of Faulty Workmanship Claims
Applying Montana law, the federal district court found that the insurer owed a defense for faulty workmanship claims against the insured contractor. Atlantic Cas. Ins. Co. v. Quinn, 2019 U.S. Dist. LEXIS 103566 (D. Mont. June 20, 2019). The Quinns... Continue reading
Posted Jul 29, 2019 at Insurance Law Hawaii
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Broker's Collateral Estoppel Argument Fails
The broker's motion to dismiss the insured complaint for negligence based upon collateral estoppel was unsuccessful. Gjonaj Realty & Mgt. Corp. v. Capacity Group of NY LLC, 2019 N.Y. App. Div. LEXIS 4880 (N.Y. App. Div. June 18, 2019). The... Continue reading
Posted Jul 24, 2019 at Insurance Law Hawaii
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Hawaii Act 070 Requires Registration of Trade Names
Act 070, signed in to law by the governor on June 7, 2019, requires insurers to register any trade name with the Business Registration Division (BREG), Department of Commerce and Consumer Affairs (DCCA), prior to the use or change of... Continue reading
Posted Jul 22, 2019 at Insurance Law Hawaii
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"Occurrence," "Bodily Injury" Adequately Alleged, Triggering Defense
The court determined that there was a duty to defend despite the insurer's contention that no "occurrence" or "bodily injury" had been alleged. Zurich Am. Ins. Co. v. Electricity Main, LLC, 2019 U.S. App LEXIS 18074 (1st Cir. June 17,... Continue reading
Posted Jul 17, 2019 at Insurance Law Hawaii
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Breach of Contrat Claim Barred by Suit Limitation Provision, Bad Faith Claim Barred by Statute of Limitations
The insured's breach of contract and bad faith claims were dismissed based upon the suit limitation provision and the statute of limitations. Mail Quip, Inc. v. Allstate Ins. Co., 2019 U.S. LEXIS 87923 (E.D. Pa. May 23, 2019). Plaintiff alleged... Continue reading
Posted Jul 15, 2019 at Insurance Law Hawaii
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Court Rejects Remand and Argument that Insurance Agent Fraudulently Joined
The federal district court refused to remand the case for lack of subject matter jurisdiction despite the insurer's argument that plaintiffs fraudulently joined their insurance agent as a defendant. Goostree v. Liberty Nat'l Life Ins. Co., 2019 LEXIS U.S. Dis.... Continue reading
Posted Jul 10, 2019 at Insurance Law Hawaii
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Insurer's Motion for Judgment on the Pleadings Over Construction Defect Claims Denied
The insurer was unable to escape coverage obligation over claims for construction defects when its motion for judgment on the pleadings was denied. Jei Solutions v. Burlington Ins. Co., 2019 U.S. Dist. LEXIS 95068 (E.D. La. June 4, 2019). JEI... Continue reading
Posted Jul 8, 2019 at Insurance Law Hawaii
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Care, Custody and Control Exclusion Does Not Bar Coverage For Alleged Construction Defects
Reversing the lower court, the California Court of Appeal found that the care, custody and control exclusion was not applicable to bar coverage for the general contractor as the additional insured under the subcontractor's policy. McMillin Homes Constr. v. Nat'l... Continue reading
Posted Jul 3, 2019 at Insurance Law Hawaii
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Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship
Although the lower court held that the insured contractor was entitled to coverage and indemnification under a CGL policy despite claims based upon faulty workmanship, the Alabama Supreme Court reversed. Nationwide Mut. Fire Ins. Co. v. David Group, Inc., 2019... Continue reading
Posted Jul 1, 2019 at Insurance Law Hawaii
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Endorsement Excludes Replacement of Undamaged Property with Matching Materials
The court approved the insurer's endorsement which stated the insured would not pay for undamaged property in order to match damaged property. Noonan v. Am. Family Mut. Ins. Co., 2019 U.S. App. LEXIS 15545 (May 24, 2019). After hail and... Continue reading
Posted Jun 26, 2019 at Insurance Law Hawaii
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Hurricane Insurers Must Submit Data Call Worksheet to Hawaii Insurance Commissioner
The Hawaii Insurance Commissioner has issued Memorandum 2019 3R, requiring insurers writing residential hurricane coverage at any time in the last 15 years to submit a data call worksheet, or completed survey, to the Insurance Division. The Commissioner explains the... Continue reading
Posted Jun 24, 2019 at Insurance Law Hawaii
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Motion to Strike Insurer's Expert Opinion Granted
The court granted the insured's motion to strike the testimony of the insurer's expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20,... Continue reading
Posted Jun 19, 2019 at Insurance Law Hawaii
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Punitive Damage Award for Bad Faith Upheld
Punitive damages that were reduced by the trial court to $1 million fro $4 million were affirmed by the appellate court. Mazik v. Geico Gen. Ins. Co., 2019 Cal. App LEXIS 454 (Cal. Ct. App. May 17, 2019). Mazik was... Continue reading
Posted Jun 17, 2019 at Insurance Law Hawaii
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Business Risk Exclusions Bar Coverage Whether or Not Operations Completed
The federal district court found that exclusions j (5), (6) and l barred coverage for damage caused to the city's water main collector system. Sunwestern Contractors, Inc. v. Cincinnati Indem. Co., 2019 U.S. Dist. LEXIS 82642 (D. Ariz. May 15,... Continue reading
Posted Jun 12, 2019 at Insurance Law Hawaii
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Summary Judgment for Partial Collapse Granted to Insurer
The partial collapse of an exterior brick veneer of an apartment building was found not to be covered under the apartment policy. Keyser v. State Farm Fire & Cas. Co., 2019 U.S. Dist. LEXIS 81194 (W.D. Pa. May 14, 2019).... Continue reading
Posted Jun 10, 2019 at Insurance Law Hawaii
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No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability
The Supreme Court for West Virginia determined the policy's contractual assumption exclusion barred coverage for the general contractor based upon claims of faulty workmanship. J.A. St & Assocs. v. Bitco Gen. Ins. Corp., 2019 W. Va. LEXIS 205 (May 1,... Continue reading
Posted Jun 5, 2019 at Insurance Law Hawaii
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One Occurrence Means One Deductible
The court held that claims regarding the negligent supervision of an independent contractor who engaged in the sexual abuse of three victimes amounted to one occurrence, requiring a single deductible. Scott Fetzer Co. v. Zurich Am. Ins. Co., 2019 U.S.... Continue reading
Posted Jun 3, 2019 at Insurance Law Hawaii
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Few Insurance-Related Bills Passed by 2019 Session of Hawaii Legislature
Only four insurance-related measures were enacted by the Hawaii Legislature in the recently concluded 2019 session. The legislation is as follows: HB 273 - This bill establishes an exemption for insurers issuing group policies from the required annual privacy notice... Continue reading
Posted May 29, 2019 at Insurance Law Hawaii
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