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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
Claims that COVID-19 Present on Property Survive Motion to Dismiss
Plaintiffs successfully argued against a motion to dismiss by alleging COVID-19 was present on their premises and required repairs and alterations to their properties. Legacy Sports Barbershop LLC v. Cont'l Cas. Co., 2021 U.S. Dist. LEXIS 102545 (N. D. Ill.... Continue reading
Posted yesterday at Insurance Law Hawaii
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Insured's Failure to Prove Entire Collapse of Building Leads to Dismissal
The Fifth Circuit affirmed the district court's dismissal of the insured's claim for damage to her home caused by collapse. Stewart v. Metropolitan Lloyds Ins. Co. of Texas, 2021 U.S. App. LEXIS 14221 (5th Girl May 13, 2021). One evening,... Continue reading
Posted 3 days ago at Insurance Law Hawaii
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South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs
Answering a certified question, the South Carolina Supreme Court held that the insurer could calculate actual cash value (ACV) by including an estimate of the depreciation of embedded labor costs. Butler v. Travelers Home & Marine Ins. Co., 2021 S.... Continue reading
Posted Jun 16, 2021 at Insurance Law Hawaii
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Motion to Dismiss Beauty Salon's COVID-19 Claim Denied
The insured beauty salon's claim for losses caused by shutdown orders due to COVID-19 survived the insurer's motion to dismiss based upon a Communicable Disease endorsement. Treo Salon, Inc. v. West Bend Mut. Ins. Co., 2021 U.S. Dist. LEXIS 88577... Continue reading
Posted Jun 14, 2021 at Insurance Law Hawaii
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Restaurant's COVID-19 Claim Survives Motion to Dismiss
The insurer's argument that the insured restaurants' claim for business interruption due to COVID-19 should be dismissed because there was no physical damage to the structure was rejected by the federal district court in Alabama. Serendipitous, LLC v. Cincinnati Ins.... Continue reading
Posted Jun 7, 2021 at Insurance Law Hawaii
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Claim for Business Interruption Based on Government Orders Precluding Use of Property Survives Motion to Dismiss
The court found that the insured hair salon and barbershop plausibly alleged an entitlement to coverage for lost business income when the government orders restricted use of the property as intended. Seifert v. IMT Ins. Co., 2021 U.S. Dist. LEXIS... Continue reading
Posted Jun 7, 2021 at Insurance Law Hawaii
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COVID-19 Claim Survives Insurer's Motion for Judgment on the Pleadings
The Federal District Court for the Easter District of Texas rejected the insurer's motion for judgment on the pleadings on the insured's claim for losses due to the coronavirus. Cinemark Holdings, Inc. v. Factory Mut. Ins. Co., 2021 U.S. Dist.... Continue reading
Posted Jun 2, 2021 at Insurance Law Hawaii
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Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy
When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor's policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga.... Continue reading
Posted May 26, 2021 at Insurance Law Hawaii
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California Statute Barring Defense Obligations for Alleged Consumer Protection Violation Upheld
The Ninth Circuit found that a California statute excluding coverage for alleged violation of consumer protection laws did not violate due process. Adir Int'l, LLC v. Starr Indem. & Liability Co., 2021 U.S. App,. LEXIS 10756 (9th Cir. April 15,... Continue reading
Posted May 24, 2021 at Insurance Law Hawaii
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Kona Coffee Distributor's Coverage Case Transferred from Washington to Michigan
The insured's coverage suit seeking the defense and indemnity of the underlying action pursued by Kona coffee growers was transferred from the Western District of Washington to the Western District of Michigan. Kihnke v. Liberty Mutual Ins. Corp., 2021 U.S.... Continue reading
Posted May 19, 2021 at Insurance Law Hawaii
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Cross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim Denied
The court denied both parties' motions for partial judgment on the pleadings seeking clarification of the policy's contamination exclusion. Thor Equities, LLC v. Factory Mut. Ins. Co., 2021 U.S. Dist. LEXIS 62967 (S.D. N.Y. March 31, 2021). Thor was a... Continue reading
Posted May 17, 2021 at Insurance Law Hawaii
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Dentist Issued Summary Judgment on Business Interruption Arising From COVID-19
The Pennsylvania trial court granted summary judgment on the dentist's business interruption claim due to closure caused by COVID-19. Ungarean v. CNA, 2021 Pa. Dist. & Cnty. Dec. LEXIS 2 (Pa. D.& C. March 22, 2021). The governor issued mandates... Continue reading
Posted May 12, 2021 at Insurance Law Hawaii
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Hawaii Legislature Sends Three Insurance-Related Bills to the Governor
The 2021 legislative session has adjourned with three insurance-related bills passed and sent to the governor. The bills are as follows: SB1096 - The bill makes several additions to the Insurance Code, Chapter 431. It includes various consumer protections with... Continue reading
Posted May 10, 2021 at Insurance Law Hawaii
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Court Affirms Denial of Cross-Motions for Summary Judgment in Cyber Claim
The appellate court found that cross-motions for summary judgment filed by the insured and insurer for a claim arising from computer fraud were properly denied. G&G Oil Co. of Ind. v. Cont'l W. Ins. Co., 2021 Ind. LEXIS 182 (Ind.... Continue reading
Posted May 5, 2021 at Insurance Law Hawaii
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Insurer's Motion to Dismiss Class Action COVID-19 Claim Denied
The insurer's motion to dismiss a nationwide class action suit arising from shutdown orders after the COVID-19 pandemic was rejected by the court. Back2health Chiropractic Ctr. v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 42791 (D. N.J. March 15, 2021).... Continue reading
Posted May 3, 2021 at Insurance Law Hawaii
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COVID-19 Claim Survives Motion for Judgment on the Pleadings
In a well reasoned decision, the Superior Court in California denied the insurer's motion for judgment on the pleadings on a business interruption claim arising from COVID-19. Boardwalk Ventures CA, LLC v. Century-National Ins. Co., et al., 2021 Cal Super.... Continue reading
Posted Apr 28, 2021 at Insurance Law Hawaii
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California Federal District Court Denies, in Part, Insurer's Motion to Dismiss COVID-19 Business Interruption Claim
In another victory for policy holders on business interruption claims arising from COVID-19, the federal district court denied the insurer's motion to dismiss on one of two claims. Kingray Inc. v. Farmers Group Inc., et al., 2021 U.S. Dist. LEXIS... Continue reading
Posted Apr 26, 2021 at Insurance Law Hawaii
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Delaware Court Determines Coverage Under Directors and Officers Policy
The Delaware Supreme Court affirmed the trial court's finding of coverage under the Directors and Officers policy. RSUI Indemn. Co. v. Murdock, 2021 Del. LEXIS 90 (Del. March 3, 2021). In November 2013, Murdock, director and CEO of Dole Food... Continue reading
Posted Apr 21, 2021 at Insurance Law Hawaii
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Claims against Broker for Insufficient Coverage Fail
After a coverage dispute for damage caused by Hurricane Harvey was settled, the insured's claims against its insurance broker for providing insufficient coverage were dismissed. Hitchcock Indep. Sch. Dist. v. Arthur J. Gallagher & Co., 2021 U.S. Dist. LEXIS 57452... Continue reading
Posted Apr 19, 2021 at Insurance Law Hawaii
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Insurer's Motion to Dismiss COVID-19 Claim Denied
The federal district court denied the insurer's motion to dismiss the hotel's claim for business interruption coverage. Sunstone Hotel Investors, Inc. v. Endurance Am. Spec. Ins. Co., No. SACV 20-02185, (C.D. Cal. Feb. 26, 2021). From February 24 to 27,... Continue reading
Posted Apr 12, 2021 at Insurance Law Hawaii
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Hawaii Supreme Court to Hear Bad Faith Case
The Hawaii Supreme Court has granted certiorari to hear an appeal from the Intermediate Court of Appeals decision in Carvalho v. AIG Hawaii Insurance Company, 148 Haw. 370, 477 P.3d 164 (Haw. Ct. App. 2020). A summary of the ICA... Continue reading
Posted Apr 7, 2021 at Insurance Law Hawaii
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No Duty to Defend Under Renter's Policy
The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC,... Continue reading
Posted Apr 7, 2021 at Insurance Law Hawaii
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Illinois Federal District Court Finds Duty to Defend COVID-19 Claim
The federal district court found that the insurer had a duty to defend the underlying suit based on damages allegedly arising from exposure to COVID-19. McDonald's Corp. v. Austin Mutual Ins. Co., No. 20 C 5057, Order (N.D. Ill. Feb.22,... Continue reading
Posted Apr 5, 2021 at Insurance Law Hawaii
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Insured's Claim Under Computer Transfer Fraud Provision Denied
The Fifth Circuit upheld the district court's denial of coverage under the policy's Computer Transfer Fraud provision. Mississippi Silicon Holdings, L.L.C. v. Axis Ins. Co., 2021 U.S. App. LEXIS 3112 (5th Cir. Feb. 4, 2021). Mississippi Silicon Holdings' (MSH) chief... Continue reading
Posted Mar 31, 2021 at Insurance Law Hawaii
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Oklahoma Finds Policy Can Be Assigned Post-Loss
Oklahoma joined the majority of court in finding that after a loss occurs, the insured can assign the policy to another. Johnson v. CSAA Gen. Ins. Co., 2020 Okla LEXIS 118 (Okla. Dec. 15, 2020). Johnson's property was damaged in... Continue reading
Posted Mar 29, 2021 at Insurance Law Hawaii
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