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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
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 15 hours ago 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 2 days ago 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 7 days ago 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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Computer Fraud Claim Dismissed in Part
The federal district court granted in part, denied in part, the insurer's motion to dismiss a claim for computer fraud submitted under the insurer's crime protection policy. Childrens Place, Inc. v. Great Am. Ins. Co., 2019 U.S. Dist. LEXIS 70109... Continue reading
Posted May 22, 2019 at Insurance Law Hawaii
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Claim Against Insured's Agent Dismissed
The Hawaii Federal District Court dismissed a purported third party beneficiary's claim against the insured's agent. United States Fire Ins. Co. v. Hawaiian Canoe Racing Ass'ns, 2019 U.S. Dist. LEXIS 65829 (D. Haw. April 17, 2019). This was the third... Continue reading
Posted May 20, 2019 at Insurance Law Hawaii
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Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
The Ninth Circuit reversed the district court's issuance of summary judgment regarding coverage for damages when the insured's plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS... Continue reading
Posted May 15, 2019 at Insurance Law Hawaii
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No Coverage for Sink Hole Loss
The federal district court found there was no coverage under the commercial property policy for loss suffered by the insured condominium association due to a sink hole. Bahama Bay II Condo. Ass'n. v. Untied Nat'l Ins. Co., 2019 U.S. Dist.... Continue reading
Posted May 13, 2019 at Insurance Law Hawaii
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TTIPS Property Insurance Conference
Posted May 10, 2019 at Insurance Law Hawaii
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Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage
The Eleventh Circuit reversed the district court's determination that there was no coverage based upon the policy's "your work" exclusion. Southern-Owners Ins. Co. v. Mac Contractors of Fla, LLC, 2019 U.S. App. LEXIS 10689 (11th Cir. April 11, 2019). Mac... Continue reading
Posted May 8, 2019 at Insurance Law Hawaii
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Insured's Commercial Property Policy Deemed Excess Over Unobtained Flood Policy
The court granted the insurer's motion for summary judgment, deciding that there was no breach of the policy for failure to pay for flood damage when the insured failed to obtain a policy under the National Flood Insurance Program (NFIP).... Continue reading
Posted May 6, 2019 at Insurance Law Hawaii
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Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
The Illinois Court of Appeals found the subcontractor was owed a defense for alleged property damage caused by its faulty workmanship, but outside its scope of work. Acuity Ins. Co. v. 950 W. Huron Condo. Ass'n, 2019 Ill. App. LEXIS... Continue reading
Posted May 1, 2019 at Insurance Law Hawaii
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Trial Court's Award of Contractual Fees to Public Adjuster Overturned
A judgment awarding the public adjuster his compensation for work performed under contract was remanded for further proceedings by the Hawaii Intermediate Court of Appeals. Joslin v Ota Camp-Makibaka Ass'n, 2019 Haw. App. LEXIS 155 (Haw. Ct. App. April 5,... Continue reading
Posted Apr 29, 2019 at Insurance Law Hawaii
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Cross-Claim Against Co-Insureds Dismissed Without Prejudice
In a case related to Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019) [post here], the Federal District Court for the District of Hawaii confronted issues created by a cross-claim for... Continue reading
Posted Apr 24, 2019 at Insurance Law Hawaii
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Property Damage to Insured's Own Work is Not Covered
The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019). Contractor... Continue reading
Posted Apr 22, 2019 at Insurance Law Hawaii
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Exclusion j (6) Not Applicable to Bar Coverage for Alleged Faulty Workmanship
The appellate court vacated the trial court's grant of summary judgment to the insurer because of the subcontractor's alleged faulty workmanship. All America Ins. Co. v. Lampasona Concrete Corp., 2019 Mass. App. LEXIS 34 (March 19,2019). After construction of the... Continue reading
Posted Apr 17, 2019 at Insurance Law Hawaii
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Watercraft, Events Exclusions Bar Coverage
The Federal District Court for the District of Hawaii found bodily injury suffered in a boating accident was barred under the policy's Watercraft and Events Exclusions. Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw.... Continue reading
Posted Apr 15, 2019 at Insurance Law Hawaii
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Conversion of Premiums Claim After Denial of Coverage Fails as Matter of Law
The insured sued for conversion of his premiums after the insurer denied its claim for collapse of a retaining wall. Lead GHR Enterprises, Inc. v. Am States Ins. Co., 2019 U.S. Dist. LEXIS 29412 (D. S. D. Feb. 25, 2019).... Continue reading
Posted Apr 10, 2019 at Insurance Law Hawaii
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Coverage Action Properly Removed to Hawaii Federal District Court
The court denied plaintiff's motion for remand after his coverage case was removed to federal district court. Greenson, 2019 U.S. Dist. LEXIS 29476 (D. Haw. Feb. 25, 2019). Greenspon filed a coverage action in Hawaii state court against AIG, Prommis... Continue reading
Posted Apr 10, 2019 at Insurance Law Hawaii
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Insurer's In-House Expert's Communications Are Privileged
The Texas Supreme Court ruled that the insurer's in-house expert's draft reports and communications were privileged and need not be produced. In Re City of Dickinson, Relator, 2019 Texas LEXIS 165 (Tex. Feb. 15, 2019). The City of Dickinson had... Continue reading
Posted Apr 8, 2019 at Insurance Law Hawaii
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Excess Has No Duty To Indemnify Based Upon Primary Policy's Exclusions
Based upon the primary policy's exclusion, the following form excess policy had no duty to indemnify after the insured reached a settlement in the underlying case. Houston Cas. Co. v. Strata Corp., 2019 U.S. App. LEXIS 3936 (8th Cir. Feb.... Continue reading
Posted Mar 27, 2019 at Insurance Law Hawaii
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Trapped Squirrel Causing Electrical Arc Equals No Coverage
The Supreme Court of Iowa agreed the city had no coverage for damage to its property after a squirrel triggered an electrical arc. City of W. Liberty v. Employers Mut. Cas. Co., 2019 Iowa Sup. LEXIS 6 (Feb. 1, 2019).... Continue reading
Posted Mar 25, 2019 at Insurance Law Hawaii
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