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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
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 yesterday at Insurance Law Hawaii
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HSBA Presentation for Insurance Coverage Section
Posted 3 days ago 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 3 days ago 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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Insurer Must Pay for Matching Siding of Insured's Buildings
The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia... Continue reading
Posted Sep 11, 2019 at Insurance Law Hawaii
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Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied
The insurer unsuccessfully moved for summary judgment seeking to reject the insured's collapse claim. Gnannn v. United Servs. Auto, Ass'n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019). The insureds' home was built in 1985 and they... Continue reading
Posted Sep 9, 2019 at Insurance Law Hawaii
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Insurer Must Defend Additional Insured Though Its Insured is a Non-Party
The plaintiff insurer's motion for partial summary judgment seeking an order that defendant insurer was obligated to defend a non-party as an additional insured was granted. Am Empire Surplus Lines Ins. Co. v. Burlington Ins. Co., 2019 N. Y. Misc.... Continue reading
Posted Sep 4, 2019 at Insurance Law Hawaii
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Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition
Despite the need to shore up the ceiling, the building was not in a state of collapse under the language of the policy. Ravinia Vouge Cleaners v. Travelers Cas. Ins. Co. of Am., 2019 U.S. Dist. LEXIS 123594 (N.D. Ill.... Continue reading
Posted Aug 28, 2019 at Insurance Law Hawaii
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Economic Loss Not Property Damage
The Fifth Circuit agreed with the district court that the insured subcontractor's economic losses did not amount to covered property damage. Greenwich Ins. Co. v. Capsco Industries, Inc., 2019 U.S. App. LEXIS 23949 (5th Cir. Aug 12, 2019). Capsco Industries,... Continue reading
Posted Aug 26, 2019 at Insurance Law Hawaii
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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 Aug 21, 2019 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 Aug 19, 2019 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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