Posts filtered by tags: Tred Eyerly[x]


 

Complaint Against Life Insurance Agent Survives Motion to Dismiss

    The plaintiff's suit against her agent for allegedly misleading her regarding certain investment strategies for proceeds of a life insurance policy and fees survived the agent's motion to dismiss.  Waldemar v. Golden , 2018 U.S. Dist. LEXIS 204801 (M.D. Fla. Dec. 4, 2018).     The facts were based upon the allegations in the complaint. Golden, the agent, sold a life insurance policy to plaintiff's husband. After her husband's death, Golden contacted plaintiff and offer his services to handle...
Tags: Insurance, Ira, Fla, Golden, Plaintiff, Tred Eyerly, First Party Insurance, Waldemar, Complaint Against Life Insurance Agent


Insured Proves Collapse, but Fails to Establish Any Value for Loss

    While the insured was able to carry his burden to show the collapse of a roof, he failed to establish damages under the policy.  Iannucci v. Allstate Ins. Co. , 2018 U.S. Dist. LEXIS 203687 (N.D. N.Y. Dec. 3, 2018).      In 2005, the insured purchased a parcel of land together with a three-story building constructed in 1870. No one resided in the building at the time of purchase or afterward. The building was not well maintained and all utilities were shut off. No work was done on the buildi...
Tags: Insurance, Collapse, Allstate, Tred Eyerly, First Party Insurance, All-Risk Policy, Iannucci, Actual Cash Value, Allstate Ins


Damon Key Team Argues Bad Faith Case Before Hawaii Supreme Court

    Our Damon Key team argued a bad faith case before the Hawaii Supreme Court today,  Adams v. Hawaii Medical Service Association , SCWC-15-0000396.     Pictured below: Joanna Zigler, Rafael del Castillo, Tred Eyerly and Robert Thomas. [Author: Tred Eyerly]
Tags: Insurance, Administrative, Adams, Hawaii Supreme Court, Robert Thomas, Hawaii Medical Service Association, Tred Eyerly, Damon Key, Joanna Zigler Rafael del Castillo Tred Eyerly


Labor Costs Not Excluded From Depreciation When Determining Actual Cash Value

    The court dismissed a class action suit against State Farm which sought to establish that a calculation of actual cash value (ACV) in a homeowners policy could not depreciate the cost of labor.  Cranfield v. State Farm Fire & Cas. Co. , 2018 U.S. Dist. LEXIS 199618 (N.D. Ohio Nov. 26, 2018)     Cranfield submitted a claim to State Farm after his home was damaged by a storm. An adjuster inspected the damage and an estimate for repair was sent to Cranfield. The total cost to repair the damage,...
Tags: Insurance, Ohio, State Farm, ACV, Tred Eyerly, First Party Insurance, Cranfield, State Farm Fire Cas, Actual Cash Value


Non-compliance With Endorsement Means No Indemnity Coverage

    The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured.  Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc. , 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018).      The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying suit alleged tha...
Tags: Insurance, Cincinnati, Additional Insured, Comprehensive General Liability, Construction Defects, Tred Eyerly, Cincinnati Spec Underwriters Ins Co, Milionis Constr Inc, Milionis, Milionis Cincinnati, Cincinnati Milionis


Insured's Striking Multiple Vehicles Constitutes One Occurrence under Texas Law

    Reversing the district court, the Fifth Circuit found one occurrence after the insured's truck struck multiple vehicles.  Evanston Ins. Co. v. Mid-Contenint Cas. Co. , 2018 U.S. App. LEXIS 32722 (5th Cir. Nov. 19, 2018).     An employee of Global Waste Services, LLC, Marlon Diggs, lost control of his Mack truck. At 11:04 a.m., the Mack truck hit a Dodge Ram. Three minutes later, the Mack truck struck a Ford F150. Two minutes after that, the Mack truck approached a toll plaza and caused the s...
Tags: Texas, Global, Insurance, Ford, Honda, Evanston, Mack, Fifth Circuit, Diggs, Comprehensive General Liability, Tred Eyerly, Evanston Ins Co, Occurrence, Mid Continent, Texas Law, Limit of Insurance


Deterioration Known To Insured Foreclosures Collapse Coverage

   The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp ., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018).     The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were noted in the basement. The structure of the house was unsta...
Tags: Insurance, Liberty, Collapse, Tred Eyerly, First Party Insurance, Jaimes, Liberty Ins Corp


Deterioration Known To Insured Forecloses Collapse Coverage

   The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp ., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018).     The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were noted in the basement. The structure of the house was unsta...
Tags: Insurance, Liberty, Collapse, Tred Eyerly, First Party Insurance, Jaimes, Liberty Ins Corp


Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire.  Hayes v. Metropolitan Pro. and Cas. Ins. Co. , 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018).     Hayes' home was insured by Met under a homeowner's policy. Hayes used the detached garage as part of a home base for his plumbing business. He also rented out the second and ...
Tags: Insurance, Nebraska, Hayes, Eighth Circuit, Tred Eyerly, First Party Insurance, Bad Faith, Attorneys' Fees, Metropolitan Pro, Cas Ins, Eighth Circuit affirmed Met


Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance

    The Ninth Circuit certified a question to the Washington  Supreme Court as follows: Under Washington law, is an insurer bound by representations made by its authorized agent in a certificate of insurance with respect to a party's status as an additional insured under a policy issued by the insurer, when the certificate includes language disclaiming its authority and ability to expand coverage? T-Mobile USA Inc. v. Selective Ins. Co lf Am. , 2018 U.S. App. LEXIS 31863 (9th Cir. Nov. 9, 2...
Tags: Additional Insured, Tred Eyerly


Forest Fire Constitutes One Occurrence

    The Wisconsin Supreme Court determined that a fire damaging several properties arose from one occurrence.  Secura Ins. v. Lyme St. Croix Forest Company, LLC ., 2018 Wis. LEXIS 579 Oct. 30, 2018).      A fire broke out on forest land owned by Lyme St. Croix Forest Company. Known as the "Germann Road Fire," it burned 7, 442 acres over three days. Real and personal property belonging to many individuals and businesses were damaged. The fire allegedly began while equipment owned by Ray Duerr Log...
Tags: Supreme Court, Insurance, Wisconsin, Wisconsin Supreme Court, Duerr, Comprehensive General Liability, Tred Eyerly, Secura, Occurrence, Secura Ins, Lyme St Croix Forest Company LLC, Lyme St Croix Forest Company Known, Ray Duerr Logging LLC


We Hit Eleven Years of Blogging

  Insurance Law Hawaii hit eleven years of blogging last week. We started in December 2007, 1251 posts ago. Blogging has served as a invaluable self-education on multiple coverage issues in an effort to keep abreast of the constantly changing landscape. We hope readers have found the posts to be useful and informative.       As we head into our twelfth year, thanks hanks also to you, the readers, for your support and interest again this year. On to another year of blogging in 2019. [Author: Tred...
Tags: Insurance, Hawaii, Tred Eyerly


Claims Against Agent Rejected

    The court granted the agent's motion for summary judgment, rejecting the insureds' claim that he negligently failed to obtain snow-ice coverage for two new chicken houses.  Slaubaugh Farm, Inc v. Farm Family Cas. Ins. Co. , 2018 Del. Super. LEXIS 1144 (Del. Super. Ct. Oct. 29, 2018).      The plaintiffs purchased a farm in 1998 and secured a property policy through Joseph McGowan, an insurance agent for Farm Family. Farm Family issued a Notice of Cancellation of the policy because plaintiffs...
Tags: Insurance, Collapse, McGowan, Plaintiffs, Tred Eyerly, First Party Insurance, Joseph McGowan, McGowan McGowan, Slaubaugh Farm Inc, Family Farm


Anti-Concurrent Causation Clause Preserves Possibility of Coverage

    The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy  was overturned by the Second Circuit.  Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co. , 2018 U.S. App. LEXIS 29821 (Oct. 23, 2018 2nd Cir. )     In 2012, Madelaine Chocolate suffered significant damage to its business due to storm surges created by Hurricane Sandy. Made...
Tags: Insurance, Hurricane Sandy, Tred Eyerly, First Party Insurance, All-Risk Policy, Great Northern Ins, Madelaine Chocolate, Second Circuit Madelaine Chocolate Novelties Inc, Sandy Madelaine Chocolate, Windstorm Endorsement


Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss

    The federal district court dismissed some insurers from a class action suit alleging failure to provide coverage for collapse claims.  Halloran v. Harleysville Preferred Ins. Co. , 2018 U.S. Dist. LEXIS 179807 (D. Conn. Oct. 19, 2018).     A class of homeowners brought suit in 2016 against their homeowners insurance companies ("defendants") for failure to cover collapse claims. Plaintiffs alleged they bought their homes between 1984 and 2015. Each of the homes had basement walls that were...
Tags: Insurance, ISO, Connecticut, Collapse, Halloran, Plaintiffs, Tred Eyerly, First Party Insurance, Insurance Services Office Inc ISO, Harleysville Preferred Ins


Full Coverage Extended for Loss of BitCoin

    The Court of Common Pleas in Ohio determined that BitCoin was property and denied the insurer's motion for judgment on the pleadings seeking to establish there was limited coverage for the loss.  Kimmelman v. Wayne Ins. Group , 2018 Ohio Misc. LEXIS 1953 (Ohio Misc. Sept. 25, 2018).      James Kimmelman submitted a claim to Wayne Insurance Group based upon a loss of $16,000 of BitCoin that had been stolen. The insurer investigated the claim and awarded $200 to Kimmelman. The insurer determin...
Tags: Insurance, New York Times, Ohio, Irs, Tred Eyerly, First Party Insurance, Bad Faith, Court of Common Pleas, Cyber Risk, Kimmelman, Wayne Insurance Group, Wayne Ins Group, Ohio Misc, James Kimmelman, Wayne Insurance, CNN CNET


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 Oct. 9, 2018).     The University contracted with Charles Construction Services, Inc. to build a new luxury hotel and conference center on campus. After work was completed, the University discovered extensive water damage from hidden leaks t...
Tags: Insurance, University, Cic, Ohio Supreme Court, Comprehensive General Liability, Construction Defects, Duty to Defend, Tred Eyerly, Business Risk Exclusions, Occurrence, Ohio N Univ, Cincinnati Insurance Company CIC, Charles Construction, Charles Constr, Charles Construction Services Inc, Ohio Supreme Court Westfield Ins Co


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. 28, 2018).     Millennium provided data security services for Rosen Hotels & Resorts, Inc. (RHR). In February 2016, RHR became aware of a potential credit card breach at on of their hotels. RHR hired a forensic investigator to determine whether a data breach occurred. ...
Tags: Insurance, St Paul, Fla, Comprehensive General Liability, Tred Eyerly, Cyber Risk, Actual Cash Value, RHR, St Paul Fire Marine Ins Co, Rosen Millennium Inc, Rosen Hotels Resorts Inc


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 involved in an auto accident in which the other driver, 51 year old John Potts, was killed. Harvey's vehicle was registered in both his name and his business's name, and was covered under a $100,000 liability policy. Harvey reported the acc...
Tags: Florida, Supreme Court, Insurance, Harvey, Florida Supreme Court, District Court, Fla, GEICO, Dominick, Potts, Robert Thomas, James Harvey, Tred Eyerly, Bad Faith, Damon Key, Harvey The


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).      The insureds' purchased their home in 2010. In December 2015, a crack in the basement wall was noticed. It was not thought to be a serious problem. But in 2016, the insured read an article about defective concrete problems affecting homeowners in...
Tags: Insurance, Connecticut, Collapse, USAA, Tred Eyerly, First Party Insurance, Sirois, Dean Soucy


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, entered into a contract with Silverboys, LLC (Owner) to provide interior design services in conjunction with the renovation of the Owner's vacation home in the Bahamas. Solo retained Whittingham, a Bahamian architect, as a subco...
Tags: Florida, Insurance, United States, Miami, Bahamas, Owner, Fla, Whittingham, Comprehensive General Liability, Construction Defects, Duty to Defend, Tred Eyerly, Occurrence, Foremost Signature Ins Co, Silverboys 2018 U S Dist LEXIS, Silverboys LLC


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. Wash. Sept. 7, 2018).      The insureds' retaining wall collapsed. They tendered to State Farm under their homeowners policy. An engineer retained by State Farm determined that the wall buckled due to "excessive lateral earth pressure from retained ...
Tags: Washington, Insurance, Hawaii, Collapse, State Farm, Jones, Tred Eyerly, First Party Insurance, Bad Faith, State Farm Fire Cas, Earth Movement


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 that the typhoon arrived. A category 5 storm with winds at 180 miles per hour, Super Typhoon Yutu was the strongest storm to hit any part of the U.S. this year. The road to recovery and normalcy will be long and hard, but the people living on the islands are resilient and ...
Tags: Insurance, Administrative, Northern Mariana Islands, Saipan, Tinian, Yutu, Tred Eyerly


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, 2018).      Ark Royal issued a homeowner's policy to the insureds. The policy stated that "[n]o assignment of claim benefits, regardless of whether made before a loss or after a loss, shall be valid without the written consent of the insureds, and all mor...
Tags: Florida, Insurance, Port St Lucie, Tred Eyerly, First Party Insurance, Assignment, Florida Court, Florida Court of Appeal, Ark Royal Ins, Ark Royal, Royal Ark


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 Cir. Sept. 4, 2018).      The ceiling in the insured's living and dining areas caved in. An engineering survey determined that the nails used in the construction had failed to hold. The insured made a claim on her policy issued by CSAA. Coverage was denied and t...
Tags: Insurance, Collapse, CSSA, Tred Eyerly, First Party Insurance, CSAA, Coonce


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 Abby Construction Company to install an elevator at its warehouse. A wet saw was used to cut away concrete, but Abby did not use any water with the wet saw. This created a significant amount of concrete dust to leave the warehouse. Surroundi...
Tags: Virginia, Insurance, Zenith, Abby, Supreme Court of Virginia, Tred Eyerly, Pollution Exclusion, Ensuing Loss, Allied Prop Cas Ins Co, Zenith Aviation Inc, Abby Construction Company, Abby Construction


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. Nev. Aug. 6, 2018).      The insured, CP Food & Beverage, Inc. (CP), ran a club where patrons could buy "funny money" to tip waitresses or pay topless dancers. The waitresses and dancers could turn the funny money into CP for cash. Some employees overcharged custo...
Tags: Insurance, Nevada, Federal District Court, CP, Tred Eyerly, First Party Insurance, CP Food Bev, United States Fire Ins Co 2018 U S Dist LEXIS, CP Food Beverage Inc CP, U S Fire


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 the AOAO to perform remedial construction repairs to condominium buildings and apartment units. CRX asserted that it completed all work, including charge orders and punch list items and it left the site. CRX was paid less that the con...
Tags: Insurance, Hawaii, Gemini, PBA, Comprehensive General Liability, Construction Defects, Tred Eyerly, Business Risk Exclusions, Occurrence, Haw, Hawaii Federal District Court, AOAO, Gemini Ins Co, Constrx Ltd, Constrx Ltd CRX, Posard Brock Associates PBA


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 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that ...
Tags: Insurance, Peters, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Occurrence, Am Mining Ins Co, Peters Farms LLC, Ikerd Mining LLC, Ikerd, American Mining Insurance Company Inc AMIC, AMIC


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).     Huser Construction had a CGL policy issued by Mt. Hawley Insurance Company. Huser contracted to design and construct a municipal sports complex with the City of Jourdanton. The project consisted of four baseball fields, a softball field, ...
Tags: Texas, Insurance, the City, Hawley, Federal District Court, Construction Defects, Duty to Defend, Tred Eyerly, Business Risk Exclusions, Huser, Jourdanton, Texas law Mt Hawley Ins Co, Huser Construction, Mt Hawley Insurance Company Huser, Cody Pools Inc, Haul Inc