Damon Key Leong Kupchak Hastert ALC
Tred Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, the Commonwealth of the Northern Mariana Islands, and now Hawaii. Tred started his career working for Alaska Legal Services in bush Alaska before moving to Anchorage, working primarily with Alaska Natives on subsistence, sovereignty, and land entitlement issues throughout the state. He then worked for Micronesian Legal Services on Saipan, representing under-privileged clients confronted with a variety of legal problems. For the past several years, Tred has been in private practice in Honolulu, concentrating on Insurance coverage and commercial litigation. Examples of his work include:
• Insurance Coverage: Represents both insurers and insureds on a variety of insurance coverage and bad faith issues. Clients include insurance companies, businesses, corporations, contractors, individuals, and condominium associations.
• Writes and publishes an award-winning insurance coverage blog www.insurancelawhawaii.com
• Past Chair of Hawaii Bar Association’s Insurance Coverage Section. Co-editor of ABA’s Insurance Coverage Litigation Committee’s website.
• Business and Commercial Disputes: Handles a wide variety of commercial disputes regarding leases, patents, contracts, etc., through litigation, arbitration and mediation.
• Personal Injury: Successfully works on numerous types of personal injury suits representing both plaintiffs and defendants in wrongful death, toxic tort, product defects, and general negligence matters.
• Employment: Represents employers and employees in Title VII matters, wrongful termination, and employee discipline.
• Appellate Practice: Has handled appeals before the United States Court of Appeals for the Ninth Circuit, Hawaii Supreme Court, Alaska Supreme Court, and Commonwealth of the Northern Mariana Islands Supreme Court.
• Class Actions: Involved in numerous class action suits involving the Voting Rights Act, unlawful termination of service by utility service, employment discrimination, and pursuit of land, subsistence, and sovereignty rights by Alaska Natives.
For a list of reported cases in which Tred has been involved, go to: https://www.insurancelawhawaii.com/insurance_law_hawaii/representative-cases.html
Tred is A/V rated by his peers and clients under Martindale-Hubbel.
Admitted to Practice: California (1979); Alaska (1979); Commonwealth of the Northern Mariana Islands (1990); Hawaii (1992); United States District Court in Alaska (1985), Hawaii (2001), Northern Mariana Islands (1994); Ninth Circuit Court of Appeals (1983); United States Supreme Court (1985).
Professional and Community Affiliations
• Board Member, Volunteer Legal Services Hawaii
• Chair, Insurance Coverage Section, Hawaii State Bar Association 2011-2013
• Co-Editor, ABA, Section of Litigation, Insurance Coverage Litigation Committee’s Website, Case Notes and Articles 2012 – present
• Co-Chair, Additional Insureds Subcommittee, ABA, Section of Litigation, Insurance Coverage Litigation Committee 2010-2012
• American Bar Association (Litigation Section, Insurance Coverage and Litigation Committee; Tort and Trial Practice Section)
• Alaska State Bar Association (Indian Law and Employment Sections)
• State Bar of California
• Commonwealth of the Northern Mariana Islands Bar Association
• Coordinator, Sierra Club’s Sandy Beach Cleanups
• National Oceanic and Atmospheric Administration Whale Count
• Eagle Scout
• Author, “Insurance Companies and Climate Change,” (Damon Key Legal Alert Spring/Summer 2019)
• Associate Editor, The Urban Lawyer (2019)
• Author, “Insurance Coverage for Property Damage Caused by the Big Islands’ Volcanic Eruptions,” (Damon Key Legal Alert Spring/Summer 2018)
• Author, “Adequate Coverage for Condominium Associations Requires Anticipation of Risk,” Community Association Institute Newsletter, Vol 33, Issue 4 (August 2018)
• Co-author, “Seeing Around the Cyber Corner: What’s Next for Cyber Liability Policies?,” ABA’s Coverage Journal (Spring 2018)
• Co-author, “To Settle or Not to Settle? Bad-Faith Implications in Resolving Underlying Actions,” ABA’s Coverage Journal (Summer 2017)
• Co-author, “Determining Whether and When the Duty to Defend Ends,” ABA’s Coverage Journal (Summer 2016)
• Co-author, “Determining the Number of Occurrences and Its Effect on Coverage,” ABA’s Coverage Journal (Winter 2016)
• Author, Construction Defect Coverage in Hawaii – A Window to the Nationwide Debate, ABA’s Coverage Journal (Sep./Oct. 2013)
• Author, Group Builders Update – Divergence Between Federal and State Court Interpretations Regarding Coverage for Construction Defects (Damon Key Legal Alert Winter/Spring 2013)
• Author, Owner Controlled Insurance Programs – A Help or Hindrance (Damon Key Legal Alert Spring/Summer 2013)
• Co-author, Key Issues in Hawaii Insurance Law Answered by the Moon Court, 33 U. Haw. L. Rev. 779 (2011)
• Co-author, Hawaii Appellate Practice Manual (Hawaii State Bar Ass’n, 2012)
• Author, “The Battle Over Coverage For Construction Defects” (Hawaii Bar Journal – March 2012)
• Author, “Exclusions Got You Down? Consider Coverage for Ensuing Losses” (Coverage – Jan./Feb. 2011)
• Author, Group Builders Update – The Legislature Stirs the Pot (Damon Key Legal Alert Summer 2011)
• Author, When is Coverage in Your Homeowner’s Policy Triggered (Damon Key Legal Alert Spring 2010)
• Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Mark M. Murakami)
• Co-author, “Getting Around LHWCA’s Exclusive Remedy Roadblock – Employee’s Claims Against Employer and Insurer for Intentional Torts” (Coverage – July/August 2010)
• Co-author, Hawaii Real Estate Law Manual (Vol. II, Hawaii State Bar Association, 2010)
• Co-author, The Annotated Construction Law Glossary (ABA Publishing 2010)
• Author, “Breadth of the Flood Exclusion: A Flood is a Flood, Including, Storm Surge” (ABA Insurance Coverage Litigation Committee Hot Topics Website June 2009)
• Co-author, Bad Faith Insurance Claims (Sterling Education Services, Inc. Jan. 2009)
• Contributor, A State-by-State guide to Construction and Design law (2d. Ed. ABA Publishing 2009)
• Co-author, Top Nine Issues in Insurance Coverage (Lorman Education Services Nov. 2008)
• Co-author, 2007-2008 Construction Law Update: Case Law & Legislation Affecting the Construction Industry (ABA Forum on the Construction Industry, Division 10 2008)
• Contributor – Hawaii Legislative and Case Law Update for Construction Lawyer, 2006, 2007, 2008, 2009, 2010, 2011
• Co-author, Insurance Law: Third Party Coverage in Hawaii (NBI Aug. 2004)
• Co-author, Development of the Tort of Bad Faith (Lorman Education Services Feb. 2005)
• Co-author, Development of the Tort of Bad Faith (NBI July 2005)
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