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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

Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

The insurer successfully established on summary judgment that the insureds' alleged misrepresentation in the sale of a condominium was not an occurrence. Novak v. St. Maxent-Wimberly House Condo., 2020 U.S. Dist. LEXIS 167397 (E.D. La. Sept. 14, 2020). State Farm... Continue reading

Posted 2 days ago at Insurance Law Hawaii

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First Judgment Entered for Policyholders in COVID-19 Claim

The insureds' motion for summary judgment seeking coverage for business interruption due to the COVID-19 pandemic was granted by the North Carolina Superior Court. North State Deli, LLC, et al. v. The Cincinnati Ins. Co., No. 20-CVS02569, Order Granting Plaintiffs'... Continue reading

Posted 4 days ago at Insurance Law Hawaii

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Insurer Must Defend Despite Exclusions k (5) and (6)

Resolving a dispute on whether damage was limited to "that particular part of real property," the court found in favor of the insured for purposes of defending the claim. Nash St., LLC v. Main St. Am. Assur. Co., 2020 Conn.... Continue reading

Posted Oct 21, 2020 at Insurance Law Hawaii

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Insured Overcomes Motion to Dismiss COVID-19 Claim Despite Virus Exclusion

A Florida federal district court denied the insurer's motion to dismiss the insured's COVID-19 business interruption claim despite the policy's virus exclusion. Urogynecology Specialist of Fla. LLC v. Sentinel Ins. Co., 2020 U.S. Dist. LEXIS 184744 (M.D. Fla. Sept. 24,... Continue reading

Posted Oct 19, 2020 at Insurance Law Hawaii

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Finding Adjustor Properly Joined, Court Orders Remand of COVID-19 Claim

The federal district court found there was no diversity based upon joinder of the adjustor and granted the insured's motion for remand. Jada Rest. Grp., LLC v. Acadia Ins. Co., 2020 U.S. Dist. LEXIS 163296 (W.D. Tex. Sept. 8, 2020).... Continue reading

Posted Oct 14, 2020 at Insurance Law Hawaii

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MDL Panel Grants Consolidation for One Group of COVID-19 Claims

Previously denying consolidation of all COVID-19 business interruption claims [post here], the Judicial Panel on Multidistrict Litigation allowed consolidation of one group of cases against Society Insurance Company while denying consolidation of four other groups of cases. In re Soc'y... Continue reading

Posted Oct 12, 2020 at Insurance Law Hawaii

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Chiropractor's COVID-19 Loss of Business Income Claim Rejected

The federal district court in Michigan dismissed the insured chiropractor's loss of business income claim. Turek Enters. v. State Farm Mut. Auto, Ins. Co., 2020 U.S. Dist. LEXIS 161198 (E.D. Mich. Sept. 3, 2020). Plaintiff was forced to close its... Continue reading

Posted Oct 7, 2020 at Insurance Law Hawaii

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Dentist's COVID-19 Business Interruption Claim Dismissed Based on Virus Exclusion

A Florida dentist could not survive the carrier's motion to dismiss a business interruption claim due to closures for COVID-19. Martinez v. Allied Ins. Co. of Am., 2020 U.S. Dist. LEXIS 165140 (M.D. Fla. Sept. 2, 2020). The court's Order... Continue reading

Posted Oct 5, 2020 at Insurance Law Hawaii

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Civil Authority Claim Based on COVID-19 Dismissed

A California federal district court dismissed the insured restaurant's civil authority claim after being ordered to close due to COVID-19. 10E, LLC v. Travelers Indemnity Co. of Connecticut, et al., 2020 U.S. Dist. LEXIS 156827 (C.D. Calif. Aug. 28, 2020).... Continue reading

Posted Sep 30, 2020 at Insurance Law Hawaii

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Failure to Plead Physical Loss or Damage Leads to Dismissal of COVID-19 Claim

The insured's claim for business interruption losses due to COVID-19 was dismissed for failure to plead direct physical loss of or damage to property. Malaube LLC v. Greenwich Ins. Co., 2020 U.S. Dist. LEXIS 156027 (S.D. Fla. Aug 26, 2020).... Continue reading

Posted Sep 28, 2020 at Insurance Law Hawaii

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Court Denies Remand of COVID-19 Case

The federal district court rejected a challenge to its diversity jurisdiction and rejected the insured's attempt to remand the COVID-19 claims back to state court. Vandelay Hospitality Group LP v. Cincinnati Ins. Co., 2020 U.S. Dist. LEXIS 149196 (N.D. Tex.... Continue reading

Posted Sep 23, 2020 at Insurance Law Hawaii

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Texas Federal District Court Dismisses COVID-19 Claim

Judge Ezra, formerly on the bench in Hawaii, dismissed a COVID-19 claim pursued by a Texas policy holder. Diesel Barbershop, LLC v. State Farm Lloyds, 2020 U.S. Dist. LEXIS 147276 (W.D. Texas Aug. 13, 2020). Local and state officials in... Continue reading

Posted Sep 21, 2020 at Insurance Law Hawaii

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Insurer Must Defend Allegations of Negligent Infliction of Emotional Distress

The federal district court, District of Hawaii, found the insurer had a duty to defend allegations which included a claim for negligent infliction of emotional distress. AIG Prop. Cas. Co. v. Judgment, 2020 U.S. District. LEXIS 143485 (D. Haw. Aug.... Continue reading

Posted Sep 16, 2020 at Insurance Law Hawaii

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Business Risk Exclusions Dismissed in Summary Judgment Motion

While the court denied summary judgment on whether the alleged damage was due to faulty workmanship and not covered, it granted summary judgment for dismissal of several business risk exclusions the insurer asserted against the developer. United Specialty Ins. Co.... Continue reading

Posted Sep 14, 2020 at Insurance Law Hawaii

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Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

The Eleventh Circuit vacated the district court's grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020).... Continue reading

Posted Sep 9, 2020 at Insurance Law Hawaii

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Remand Denied for COVID-19 Business Interruption Claim

The district court refused to remand plaintiff's claim for business losses due to COVID-19 shut down orders. Mark's Engine Co. No. 28 Restaurant, LLC v. Traveler's Indem. Co. of Conn., 2020 US. District. LEXIS 132841 (C.D. Calif. July 27, 2020).... Continue reading

Posted Sep 7, 2020 at Insurance Law Hawaii

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Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

Despite barring the insured's expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court's award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern... Continue reading

Posted Sep 2, 2020 at Insurance Law Hawaii

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COVID-19 Claim for Business Interruption Survives Motion to Dismiss

In the first noteworthy decision recognizing a possible business interruption claim due to the presence of COVID-19 and the associated closure orders, the insureds survived a motion to dismiss. Studio 417, Inc. v. The Cincinnati Ins. Co., 2020 U.S. Dist.... Continue reading

Posted Aug 26, 2020 at Insurance Law Hawaii

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Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso's Tree Trimming, 2020 U.S. Dist.... Continue reading

Posted Aug 19, 2020 at Insurance Law Hawaii

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Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases

The Judicial Panel on Multidistrict Litigation denied motions to centralize pretrial proceedings in pending COVID-19 business interruption claims. In re COVID-19 Business interruption Protection Insurance Litigation, 2020 U.S. District. LEXIS 144446 (Aug. 12, 2020). Plaintiff policy holders sought consolidation, contending... Continue reading

Posted Aug 17, 2020 at Insurance Law Hawaii

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With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption

A D.C. Superior Court rejected a business interruption claim due to closures related to the COVID-19 pandemic. Rose's 1, LLC v. Erie Ins. Exchange, Civil Case No 2020 CA 002424 B (Order dated Aug. 8, 2020). The decision is here.... Continue reading

Posted Aug 12, 2020 at Insurance Law Hawaii

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Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation

On July 30, 2020, the Judicial Panel on Multi-District Litigation (JPML) heard oral argument on the potential consolidation of all federal cases involving business interruption coverage relating to coronavirus and shut-down orders. A decision will be rendered in the near... Continue reading

Posted Aug 10, 2020 at Insurance Law Hawaii

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COVID-19 Case Remanded for Failure to Meet Amount in Controversy

The federal district court remanded to state court a loss of rent claim because the amount in controversy requirement was not met. Geragos & Geragos Fine Arts Bldg., LLC v. Travelers Indemn. Co., 2020 U.S Dist. LEXIS 127427 (C.D. Cal.... Continue reading

Posted Aug 5, 2020 at Insurance Law Hawaii

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Coverage for Faulty Workmanship Denied

The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company... Continue reading

Posted Aug 3, 2020 at Insurance Law Hawaii

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Carrier Has Duty to Defend Claim for Active Malfunction of Product

Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS... Continue reading

Posted Jul 30, 2020 at Insurance Law Hawaii

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