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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
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 yesterday 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 3 days ago 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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Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App.... Continue reading
Posted Sep 24, 2018 at Insurance Law Hawaii
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Implied Contract Survives Motion to Dismiss in Subrogation Action
The defendant's motion to dismiss an implied contract claim in a subrogation action was denied. Cumis Ins. Soc'y v. Count, 2018 U.S. Dist. LEXIS 118380 (D. Haw. July 16, 2018). Cumis issued a fidelity bond to Kauai Government Employee's Federal... Continue reading
Posted Sep 19, 2018 at Insurance Law Hawaii
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Denial of Claim for Computer Fraud Overturned by Sixth Circuit
The Sixth Circuit, overturning the district court's award of summary judgment to the insurer, reversed and remanded denial of the claim for computer fraud. Am. Tooling Center, Inc. v. Travelers Cas. and Sur. Co of Am., 895 F.3d 455 (6th... Continue reading
Posted Sep 17, 2018 at Insurance Law Hawaii
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Insurance Hurricane Preparedness for Commercial Businesses
It has been an active hurricane season thus far for Hawaii, and there are still three months left in the season. To supplement our prior tips for homeowners in preparing to submit insurance claims after a storm [here], below are... Continue reading
Posted Sep 15, 2018 at Insurance Law Hawaii
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Insured's Jury Verdict Reversed After Improper Trial Tactics
The appellate court reversed a jury verdict for the insured due to improper trial tactics by his attorney. Homeowners Choice Property and Cas. Ins. Co., Inc. v. Kuwas, 2018 Fla. Ct. App. LEXIS 9500 (Fla. Ct. App. July 5, 2018).... Continue reading
Posted Sep 12, 2018 at Insurance Law Hawaii
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Spoofing Attack Covered Under Policy's Computer Fraud Provision
The Second Circuit affirmed the district court's finding of coverage for a cyber attack. Medidata Solutions Inc. v. Federal Ins. Co., 2018 U.S. App LEXIS 18376 (2nd Cir. July 6, 2018). The district court's decision is summarized in a prior... Continue reading
Posted Sep 10, 2018 at Insurance Law Hawaii
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