Photo of Tred R. Eyerly

Tred once again was selected by his peers for inclusion in the 2025 Edition of The Best Lawyers in America® for his work in Commercial Litigation, Insurance Law and Litigation-Insurance. He was also named Best Lawyers® 2022 Litigation Insurance “Lawyer of the Year” in Honolulu. A designation given to a single attorney in each practice group by metropolitan area.

   The ABA’s Section of Litigation, Insurance Coverage Litigation Committee’s annual conference was held in Tucson on March 3-5, 2011.  My colleagues, Rina Carmel, Esq., of Carlson, Calladine & Peterson LLP, and Lisa M. Shusto, P.E., of Exponent Failure Analysis Associates, and I led two lively and engaging discussions on ensuing loss provisions in property

   The California Supreme Court considered whether coverage could be denied to innocent insureds whose home was damaged when their son, a co-insured, intentionally set fire to the home.  See  Century-National Insurance Co. v. Garcia, 2011 Cal LEXIS 1392 (Cal. Feb. 17, 2011).

   After the insureds, husband and wife, suffered substantial damage to

   Whether coverage existed for property damage occurring after the subcontract finished its work on the project was the issue presented in United Fire & Cas. Co. v. Boulder Plaza Residential, LLC, 2011 U.S. App. LEXIS 1694 (Jan. 27, 2011).

   Boulder Plaza Residential, LLC ("BPR"), a real estate developer, and McCrery & Roberts Construction

   In October, we reported here that the Intermediate Court of Appeals affirmed the cancellation of a policy based on the insured's misrepresentation of the type of vehicle being insured.  The Hawaii Supreme Court recently affirmed the ICA's decision.  See Farmer v. Pacific Speciality Ins. Co., 2011 Haw. LEXIS 28 (Haw. Feb. 7, 2011).

   Farmer

   Whether the insurer was obligated to indemnify its insured for potential liability under a contractual indemnity provision was at issue in Farmers Ins. Exchange v. RNK, Inc., 2011 U.S. App. LEXIS 1255 (1st Cir. Jan. 21, 2011).

   RNK, a telephone company, and Ripple, a company providing conference services including chat lines, entered

   This past Friday, Judge Richard R. Clifton of the U.S. Ninth Circuit Court of Appeals gave an informative and entertaining presentation to the Litigation section of the Hawaii State Bar Association.  The title of the presentation was, “Practice Pointers for Appeals: Procedure, Briefing and Oral Argument.”

   Judge Clifton started with some personal background.