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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
Forest Fire Constitutes One Occurrence
The Wisconsin Supreme Court determined that a fire damaging several properties arose from one occurrence. Secura Ins. v. Lyme St. Croix Forest Company, LLC., 2018 Wis. LEXIS 579 Oct. 30, 2018). A fire broke out on forest land owned by... Continue reading
Posted 3 days ago at Insurance Law Hawaii
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We Hit Eleven Years of Blogging
Insurance Law Hawaii hit eleven years of blogging last week. We started in December 2007, 1251 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape.... Continue reading
Posted 5 days ago at Insurance Law Hawaii
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Claims Against Agent Rejected
The court granted the agent's motion for summary judgment, rejecting the insureds' claim that he negligently failed to obtain snow-ice coverage for two new chicken houses. Slaubaugh Farm, Inc v. Farm Family Cas. Ins. Co., 2018 Del. Super. LEXIS 1144... Continue reading
Posted Dec 5, 2018 at Insurance Law Hawaii
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Anti-Concurrent Causation Clause Preserves Possibility of Coverage
The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was overturned by the Second Circuit. Madelaine Chocolate Novelties, Inc. v. Great... Continue reading
Posted Dec 3, 2018 at Insurance Law Hawaii
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Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss
The federal district court dismissed some insurers from a class action suit alleging failure to provide coverage for collapse claims. Halloran v. Harleysville Preferred Ins. Co., 2018 U.S. Dist. LEXIS 179807 (D. Conn. Oct. 19, 2018). A class of homeowners... Continue reading
Posted Nov 28, 2018 at Insurance Law Hawaii
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Full Coverage Extended for Loss of BitCoin
The Court of Common Pleas in Ohio determined that BitCoin was property and denied the insurer's motion for judgment on the pleadings seeking to establish there was limited coverage for the loss. Kimmelman v. Wayne Ins. Group, 2018 Ohio Misc.... Continue reading
Posted Nov 26, 2018 at Insurance Law Hawaii
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Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship
The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio... Continue reading
Posted Nov 21, 2018 at Insurance Law Hawaii
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Data Breach Does Not Constitute "Personal Injury" Under CGL Policy
The federal district court agreed with the insurer that there was no coverage for the insured's causing a data breach. St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., 2018 U.S. Dist. LEXIS 173072 (M. D. Fla. Sept.... Continue reading
Posted Nov 19, 2018 at Insurance Law Hawaii
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Insurer Liable for Bad Faith Despite Actions of Insured Contributing to Excess Judgment
Reversing the intermediate appellate court, the Florida Supreme Court held the insurer liable for bad faith despite imperfect actions by the insured. Harvey v. GEICO Gen. Ins. Co., 2018 Fla. LEXIS 1705 (Fla. Sept. 20, 2018). Insured James Harvey was... Continue reading
Posted Nov 14, 2018 at Insurance Law Hawaii
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Coverage Denied Where Occurrence Takes Place Outside Coverage Territory
The court held there was no coverage for construction defect claims that occurred outside the coverage territory. Foremost Signature Ins. Co. v. Silverboys, 2018 U.S. Dist. LEXIS 154524 (S.D. Fla. Sept. 11, 2018). Solo Design, LLC, a Miami-based design company,... Continue reading
Posted Nov 7, 2018 at Insurance Law Hawaii
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Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment
The insurer was successful on summary judgment in establishing it correctly denied coverage for collapse, but its motion was denied regarding the insureds' bad faith claim. Jones v. State Farm Fire & Cas. Co., 2018 U.S. Dist. LEXIS 153102 (W.D.... Continue reading
Posted Nov 5, 2018 at Insurance Law Hawaii
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Thoughts and Prayers Going Out to Saipan and Tinian
Having lived and worked in the Northern Mariana Islands for ten years during the 1990's, I followed the approach of Super Typhoon Yutu and its direct hit on Tinian and southern Saipan with concern. It was barely a week ago... Continue reading
Posted Nov 1, 2018 at Insurance Law Hawaii
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Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court
The Florida Court of Appeal upheld an assignment of benefits provision that required signatures of all insureds and mortgagees. Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 2018 Fla. App. LEXIS 12633 (Fla. Ct. App. Sept. 5,... Continue reading
Posted Oct 31, 2018 at Insurance Law Hawaii
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Collapse Claim Dismissed
The complaint alleged collapse, but the claimed cause of the collapse was not a covered cause under the insured's policy, mandating a dismissal of the complaint. Coonce v. CSSA Fire & Cas. Ins. Co., 2018 U.S. App. LEXIS 25010 (10th... Continue reading
Posted Oct 29, 2018 at Insurance Law Hawaii
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Pollution Exclusion Does Not Apply To Concrete Settling Dust
Applying Virginia law, the federal district court determined that the pollution exclusion did not bar coverage. Allied Prop. & Cas. Ins. Co. v. Zenith Aviation, Inc., 2018 U.S. Dist. LEXIS 14727 (E.D. Va. Aug. 29, 2018). Zenith Aviation, Inc. hired... Continue reading
Posted Oct 24, 2018 at Insurance Law Hawaii
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Granting of Lodestar Multiplier in Coverage Case Affirmed
The trial court's use of a multiplier in awarding fees to the insured was affirmed by the Florida Court of Appeal. Citizens Prop. Ins. Corp. v. Laguerre, 2018 Fla. App. LEXIS 11794 (Fla. Ct. App. Aug. 22, 2018). Following Hurricane... Continue reading
Posted Oct 22, 2018 at Insurance Law Hawaii
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Claim for Consequential Damages Survives Motion to Dismiss
The insured's claim for consequential damages survived the insurer's motion to dismiss. Tiffany Tower Condominium, LLC v. Ins. Co. of the Greater N.Y., 2018 N.Y. App. Div. LEXIS 5783 (N.Y. App. Div. Aug. 22, 2018). Tiffany Tower submitted a claim... Continue reading
Posted Oct 17, 2018 at Insurance Law Hawaii
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Intentional Mining Neighbor's Property is Not an Occurrence
The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass. Am. Mining Ins. Co. v. Peters Farms, LLC, 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018). Beginning in 2007, Ikerd Mining. LLC removed... Continue reading
Posted Oct 15, 2018 at Insurance Law Hawaii
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Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment
The court denied the insurer's motion for summary judgment on whether the policy covered the collapse of basement walls based upon factual issues presented. Sirois v. USAA Cas. Ins. Co., 2018 U.S. Dist. LEXIS 158508 (D. Conn. Sept. 18, 2018).... Continue reading
Posted Oct 12, 2018 at Insurance Law Hawaii
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"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous
The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co.,... Continue reading
Posted Oct 10, 2018 at Insurance Law Hawaii
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Denial of Coverage for Late Notice Upheld
The insurer's denial of coverage for receipt of late notice of a claim was upheld by the federal district court. Evanston Ins. Co. v. Yeager Painting, LLC, 2018 U.S. Dist. LEXIS 130316 (N.D. Ala. Aug. 3, 2018). Yeager Painting was... Continue reading
Posted Oct 8, 2018 at Insurance Law Hawaii
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Insurer Must Defend Insured Against Construction Defect Claims
Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018).... Continue reading
Posted Oct 4, 2018 at Insurance Law Hawaii
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Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims
Taking into consideration a "Revised Occurrence Endorsement," the federal district court determined the insurer had a duty to defend. Gemini Ins Co. v. Constrx Ltd., 2018 U.S. Dist. LEXIS 163453 (D. Haw. Sept. 24, 2018). Constrx Ltd. (CRX) contracted with... Continue reading
Posted Oct 3, 2018 at Insurance Law Hawaii
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No Coverage for Use of Funny Money Under Crime Policy
The Federal District Court predicted that Nevada courts would not find coverage under a commercial crime policy for the insured's use of funny money. CP Food & Bev. v. United States Fire Ins. Co., 2018 U.S. Dist. LEXIS 133331 (D.... Continue reading
Posted Oct 1, 2018 at Insurance Law Hawaii
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Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed
The appellate court reversed the trial court's granting of a judgment on the pleadings based upon the expected injury exclusion in a homeowner's policy. Allstate Indemn. Co. v. Contreras, 2018 Ill. App. LEXIS 170964 (Ill. Ct. App. July 20, 2018).... Continue reading
Posted Sep 26, 2018 at Insurance Law Hawaii
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