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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
COVID-19 Case Remanded for Failure to Meet Amount in Controversy
The federal district court remanded to state court a loss of rent claim because the amount in controversy requirement was not met. Geragos & Geragos Fine Arts Bldg., LLC v. Travelers Indemn. Co., 2020 U.S Dist. LEXIS 127427 (C.D. Cal.... Continue reading
Posted 3 hours ago at Insurance Law Hawaii
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Coverage for Faulty Workmanship Denied
The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company... Continue reading
Posted 2 days ago at Insurance Law Hawaii
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"Decay" Found Ambiguous in Collapse Case
The federal district court granted, in part, the insured's motion for summary judgment seeking coverage for a collapse of a church's ceiling. Derbyshire Baptist Church v. Church Mut. Ins. Co., 2020 U.S. Distl LEXIS 113346 (E.D. Va. June 29, 2020).... Continue reading
Posted 7 days ago at Insurance Law Hawaii
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Michigan Finds Coverage for Subcontractor's Faulty Work
The Michigan Supreme Court held that under a CGL policy, an "accident" may include unintentional subcontractor work that damages the insured's work product. Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., et al., 2020 Mich. LEXIS 1194 (Mich. June... Continue reading
Posted Jul 27, 2020 at Insurance Law Hawaii
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Gross Negligence May Constitute an Occurrence
The Iowa Supreme Court reversed the trial court and held that alleged acts of gross negligence may constitute an occurrence. T.H.E. Insurance Co. v. Glen, 2020 Iowa LEXIS 64 (Iowa June 5, 2020). Stephen Booher was a seasonal employee at... Continue reading
Posted Jul 20, 2020 at Insurance Law Hawaii
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Court Stays Coverage Action Filed under Declaratory Judgment Act
The federal district court, district of Hawaii, stayed the coverage action to allow the underlying state court action to proceed, United States Fire Ins. Co. v. Prieto, 2020 U.S. Dist. LEXIS 106676 (D. Haw. June 18, 2020). In the underlying... Continue reading
Posted Jul 15, 2020 at Insurance Law Hawaii
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Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss
The California Court of Appeals reversed the trial court's grant of summary judgment to the insurer regarding a claim for fire loss. Mosley v. Pacific Sec. Ins, Co., 2020 Cal. App LEXIS (Cal. Ct. App, May 26, 2020). The Mosleys... Continue reading
Posted Jul 13, 2020 at Insurance Law Hawaii
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Request for Stay Denied in Dispute Over Coverage for Volcano Damage
Although there were concurrent state and federal proceedings regarding the insureds' claims for damage caused by Kilauea Volcano, the federal district court refused to dismiss or stay the federal action. Aqulina v Certain Underwriters at Lloyd's Syndicate #2003, 2020 U.S.... Continue reading
Posted Jul 8, 2020 at Insurance Law Hawaii
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Coronavirus Coverage Cases - Remands, Stays, and Actual Decision from Michigan
Early decisions are starting to appear where insurers have denied coverage for business interruption after shut downs due to the coronavirus. Most of these early decisions address procedural issues, but a trial court in Michigan recently granted the insurer's motion... Continue reading
Posted Jul 6, 2020 at Insurance Law Hawaii
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Sinking Floor Does Not Meet Strict Definition of Collapse
The court determined that the sinking of the insured's floor caused by termites and rot deterioration did not meet the homeowners policy's definition of collapse. Stewart v. Metro. Lloyds Ins. Co., 2020 U.S. Dist. LEXIS 111527 (S.D. Tex. June 24,... Continue reading
Posted Jul 4, 2020 at Insurance Law Hawaii
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COVID-19 Claim for Business Interruption Remanded to State Court
Acknowledging there was not yet a body of case law developed by the state court, the federal district court remanded the claim. Dianoia's Eatery, LLC v. Motorists Mutual Ins. Co., Civil Action No. 20-706 (W.D. Pa. May 19, 2020). Dianoia's... Continue reading
Posted Jul 1, 2020 at Insurance Law Hawaii
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Duty to Defend Breached Under Employment Practices Policy
Finding the exclusion relied upon by the insurer was ambiguous, the Fourth Circuit affirmed the district court's ruling that a duty to defend was owed. Mariam, Inc. v. Universal Underwriters Ins. Co., 2020 U.S. App. LEXIS 15658 (4th Cir. May... Continue reading
Posted Jun 29, 2020 at Insurance Law Hawaii
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No Coverage for Counterclaim Arising from Insured's Faulty Workmanship
The Eighth Circuit found there was no coverage for the insured's faulty workmanship. Am. Family Mut. Ins. Co., S.I. v. Mid-American Grain Distributors, LLC, 958 F.3d 748 (8th Cir. 2020). Mid-American contracted with Lehenbauer to design and construct a grain... Continue reading
Posted Jun 24, 2020 at Insurance Law Hawaii
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No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy
The court found that the policy's anti-sequential clause barred coverage for damage caused by Hurricane Sandy. Estate of Doerfler v. Fed. Ins. Co., 2020 N.J. Sup. Unpub. LEXIS 920 (May 14, 2020). The insureds held identical homeowners policies from Chubb... Continue reading
Posted Jun 22, 2020 at Insurance Law Hawaii
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Earth Movement Exclusion Precludes Coverage
The Federal District Court, District of Hawaii, found the earth movement exclusion barred coverage for the contractor when a landslide damaged the property. North River Ins. Co. v. H.K. Constr. Corp., 2020 U.S. Dist. LEXIS 90110 (D. Haw. May 22,... Continue reading
Posted Jun 17, 2020 at Insurance Law Hawaii
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Title Insurer Breaches Duty to Defend in Bad Faith
The Washington Supreme Court found that a title insurer breached its duty to defend when it was discovered that a Native American tribe had rights to access the land under a treaty with the State of Washington. Robbins v. Mason... Continue reading
Posted Jun 15, 2020 at Insurance Law Hawaii
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Georgia's Cause Theory Means One Occurrence in Multi-Car Accident
The Eleventh Circuit, following Georgia law, found the cause theory meant there was a single occurrence in a multi-car accident. Grange Mut. Cas. Co. v Slaughter, 2020 U.S. App LEXIS 14057 (11th Cir. May 1, 2020). Driving a truck owned... Continue reading
Posted Jun 10, 2020 at Insurance Law Hawaii
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Sanctions Award Against Pro Se Plaintiff Upheld
The plaintiff's failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman's Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct.... Continue reading
Posted Jun 8, 2020 at Insurance Law Hawaii
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California Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims
In another round of litigation involving coverage issues between Montrose Chemical Corporation and its insurers, the California Supreme Court ruled in favor of Montrose, adopting vertical exhaustion of excess policies. Montrose Chem. Corp. of Calif. v. The Superior Court of... Continue reading
Posted Jun 3, 2020 at Insurance Law Hawaii
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Hacker's Action Not Fraudulent: No Coverage
The multi-peril policy did not provide coverage for ransom paid to a hacker in order to retrieve its servers. G&G Oil Co. of Ind. v. Cont' W. Ins. Co., 2020 Ind. App. LEXIS 126 (March 31, 2020). G&G Oil Company... Continue reading
Posted Jun 1, 2020 at Insurance Law Hawaii
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Coverage for Faulty Workmanship Denied
The court found there was no coverage for the insureds' alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for... Continue reading
Posted May 27, 2020 at Insurance Law Hawaii
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Broker Not Agent of Insurer
The court granted the insurer's motion for summary judgment, finding that the insured's broker was not an agent of the carrier. Maxum Indem. Co. v. Broken Spoke Bar & Grill, 2020 U.S. District. LEXIS 49736 (W.D. Ky. March 23, 2020).... Continue reading
Posted May 20, 2020 at Insurance Law Hawaii
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Hawaii Insurance Division Issues New Memorandum on Policy Handling During COVID-19
The Hawaii Insurance Commissioner issued Memorandum 2020-4A on April 27, 2020, waiving certain requirements for insurers and to give instructions and guidelines. First, the Insurance Division will not regard the following as unfair trade practices or unfair methods of competition... Continue reading
Posted May 18, 2020 at Insurance Law Hawaii
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Donations to Nonprofit Treated as Revenues for Business Interruption Calculations
The court found that a nonprofit's donation receipts were included in its revenues for determining its business interruption claim. Alley Theatre v. Hanover Ins. Co., 2020 U.S Dist. LEXIS 52393 (S.D Tex. March 26, 2020). Alley Theatre was closed due... Continue reading
Posted May 13, 2020 at Insurance Law Hawaii
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Texas Supreme Court Stands By Eight-Corners Rule In Determining Duty to Defend
In answering a certified question from the Fifth Circuit, the Texas Supreme Court held that the eight-corners rule applied when determining the duty to defend even if the policy did not promise to defend suits that were "groundless, false or... Continue reading
Posted May 11, 2020 at Insurance Law Hawaii
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