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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
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 4 days ago 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 6 days ago 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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Exhaustion of Primary Policy Triggers Excess Coverage
The Ninth Circuit affirmed the district court's ruling that the excess policy was triggered by settlements exhausting the primary policy. Westport Ins. Corp. v. California Cas. Management Company, 2019 U.S. App. LEXIS 4889 (9th Cir. Feb. 20, 2019). Doe 1,... Continue reading
Posted Mar 20, 2019 at Insurance Law Hawaii
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Cross Motions on Coverage for Collapse Denied
Cross-motions for summary judgment designed to determine coverage for the Church’s collapse claim were both denied. Bethel Missionary Baptist Church v. S. Must. Church Ins. Co., 2019 U. S. Dist. LEXIS 24705 (W. D. N. C. Feb. 15, 2019). The... Continue reading
Posted Mar 19, 2019 at Insurance Law Hawaii
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Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon
The Texas Supreme Court found that Lloyd's endorsement imposing a cap on liability for a joint venture did not exclude coverage for defense costs. Anadarko Petroleum Corp. v. Houston Cas. Co. et al., 2019 Texas LEXIS 53 (Texas Jan. 25... Continue reading
Posted Mar 18, 2019 at Insurance Law Hawaii
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Strict Definition of Collapse Bars Coverage
The policy's requirement that collapse constitute an abrupt falling down of the building barred coverage for the homeowner. Marigliani v. Citizens Ins. Co. of Am., 2019 Conn. Super. LEXIS 137 (Conn Super. Ct. Feb. 1, 2019). The plaintiffs' hoe was... Continue reading
Posted Mar 16, 2019 at Insurance Law Hawaii
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Consequential Damage Claims for Insurer's Bad Faith Dismissed
Partial dismissal of the insured's complaint seeking consequential damages for the insurer's bad faith was granted by the court. Bryant v. General Cas. Co., 2019 U.S. Dist. LEXIS 15369 (N.D. N.Y. Jan. 30, 2019). Bryant purchased from General Casualty Company... Continue reading
Posted Mar 13, 2019 at Insurance Law Hawaii
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Sorting Insurers' Obligations in Light of Competing Other Insurance Provisions
The court determined that the non-participating insurer must reimburse the insurer who defended. Steadfast Ins. Co. v. Greenwich Ins. Co., 2019 Wisc. LEXIS 9 (Wis. Jan. 25, 2019). Historic rains hit Milwaukee in June 2008, overwhelming the Milwaukee Metropolitan Sewage... Continue reading
Posted Mar 11, 2019 at Insurance Law Hawaii
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Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous
Reversing the district court's grant of summary judgment in favor of the insurer, the Tenth Circuit found that exclusions (j) 5 and (j) 6 were ambiguous as applied to the facts of the case. MTI, Inc. v. Emplrs. Ins. Co.,... Continue reading
Posted Mar 6, 2019 at Insurance Law Hawaii
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Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
The appellate court overturned the trial court's dismissal of the insured's complaint seeking consequential damages. D.K. Prop. Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019).... Continue reading
Posted Mar 4, 2019 at Insurance Law Hawaii
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Coverage for Climate Change
Posted Mar 1, 2019 at Insurance Law Hawaii
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Finding of No Coverage Overturned Due to Lack of Actual Policy
The Appellate Division overturned a verdict for the insurer when the actual policy was never introduced at trial. Pennsylvania Lumbermens Mut. Ins. Co. v. B&F Land Dev. Corp., 2019 N.Y. App. Div. LEXIS 264 (N.Y. App. Div. Jan 16, 2018).... Continue reading
Posted Feb 27, 2019 at Insurance Law Hawaii
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Suit Limitation Provision Upheld
The policy's one year suit limitation provision was upheld, depriving insureds of benefits under the policy. Oswald v. South Central Mut. Ins. Co., 2018 Minn. App. Unpub. LEXIS 1077 (Dec. 24, 2018). The Oswalds' hog barn burned down on June... Continue reading
Posted Feb 25, 2019 at Insurance Law Hawaii
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Exclusion Used to Deny Claim for Cyber Fraud Found Ambiguous
The policy's false pretense exclusion relied upon the insurer to deny coverage for an act of cyber fraud was found ambiguous. Rainforest Chocolate v. Sentinel Ins. Co., 2018 VT LEXIS 140 (Vt. Dec. 28, 2018). Rainforest Chocolate, LLC was insured... Continue reading
Posted Feb 20, 2019 at Insurance Law Hawaii
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Excess Insurer Must Indemnify for Sexual Abuse Claims
Affirming the district court, the Second Circuit agreed that the excess insurer had a duty to indemnify the insured for sexual abuse claims. Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Cas. Co., 905 F.3d 84 (2nd Cir. 2018).... Continue reading
Posted Feb 13, 2019 at Insurance Law Hawaii
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No Coverage for Defects in Subcontrator's Own Work
Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured's CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan.... Continue reading
Posted Feb 11, 2019 at Insurance Law Hawaii
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Confusion in Renewing Policy Leads to Coverage
The court determined the insurer must defend after confusion arose in renewal of the insured's policy. Nat'l Fire & Marine Ins. Co. v. Infini PLC, 2019 U.S. Dist. LEXIS 1052 (D. Ariz. Jan 3, 2019). The insured, Infini, was insured... Continue reading
Posted Feb 6, 2019 at Insurance Law Hawaii
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Tucson ABA Insurance Coverage Seminar Coming Soon
The dates for this year's ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson are February 27 to March 2, 2019. Again this year, the seminar promises to provide cutting edge CLE programming and many networking opportunities. I will be... Continue reading
Posted Feb 4, 2019 at Insurance Law Hawaii
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Insurer Must Defend Subcontractor For Claims Alleging Faulty Workmanship
Interpreting Florida law, the federal district court found that the insurer must defend the subcontractor for claims based upon faulty workmanship. S. Owners Ins. Co. v. Gallo Bldg. Servs., 2018 U.S. Dist. LEXIS 212961 (M.D. Fla. Dec. 18, 2018). Gallo... Continue reading
Posted Jan 30, 2019 at Insurance Law Hawaii
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Insured May Recover Consequential Damages From Insurer’s Breach of Duty to Defend
Answering a certified question, the Nevada Supreme Court determined that an insurer breaching its duty to defend may be liable for consequential damages caused to the insured. Century Sur. Co. c. Andrew, 2018 Nev. LEXIS 112 (Nev. Dec. 13, 2018).... Continue reading
Posted Jan 28, 2019 at Insurance Law Hawaii
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