Elizabeth Reimers, et al. v. Everest Indemnity Insurance Co.

Summary

Jury trial in class action suit alleging Everest acted in bad faith when relying on an earth movement exclusion to deny coverage in an underlying class action brought by hundreds of homeowners claiming the design of drains in a subdivision made homes especially prone to flooding after a 2008 dam collapse. Plaintiffs in the current case are pursuing up to $5 million in compensatory damages and punitive damages to be determined at trial.

OUTCOME:
Phase 1 verdict - $4.5 million

Phase 2 punitive verdict - Settled

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Case Information

Attorneys

Witnesses

Plaintiff: Reimers, Elizabeth
Defense: Everest Indemnity Insurance Company

Judge: Janet Berry
Jurisdiction: 2nd Circuit Court of Nevada
Court: 2nd Judicial District Court

Case Number: CV13-00737
Industry: Insurance
Practice Area: Insurance, Construction Law

Plaintiff

Reimers, Elizabeth

Represented By:
Maddox, Robert (Robert C. Maddox & Associates)
Leverty, Patrick (Leverty & Associates Law Chtd.)

Defense

Everest Indemnity Insurance Company

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Openings

3 Chapters

	Description	Attorney
00:00:00	General Case Activities
00:13:25	Opening Statement	Maddox, Robert
01:46:14	End of Session

PM Session

Openings

11 Chapters

AM Session

Openings

2 Chapters

FEB

AM Session

Plaintiff Witness(es)

3 Chapters

PM Session

Plaintiff Witness(es)

13 Chapters

AM Session

Plaintiff Witness(es)

7 Chapters

FEB

AM Session

Plaintiff Witness(es)

8 Chapters

PM Session

Plaintiff Witness(es)

10 Chapters

FEB

AM Session

Plaintiff Witness(es)

9 Chapters

FEB

PM Session

Defense Witness(es)

6 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Re-Cross Examination	Leverty, Patrick	Shaw, Susan	In Person
00:02:54	Witness Re-Direct Examination	Carsey, Jamie	Shaw, Susan	In Person
00:04:32	Witness Direct Examination	Martin, Brian	Robie, Steve	In Person
00:22:16	Witness Cross Examination	Maddox, Robert	Robie, Steve	In Person
01:36:24	Break
03:24:28	End of Session

AM Session

Defense Witness(es)

6 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Carsey, Jamie	Shaw, Susan	In Person
01:28:13	Break
01:33:41	Witness Cross Examination	Leverty, Patrick	Shaw, Susan	In Person
02:19:19	Witness Re-Direct Examination	Carsey, Jamie	Shaw, Susan	In Person
02:26:50	Witness Re-Cross Examination	Leverty, Patrick	Shaw, Susan	In Person
02:36:11	End of Session

FEB

AM Session

Defense Witness(es)

9 Chapters

FEB

AM Session

Closings

5 Chapters

PM Session

Closings

6 Chapters

PM Session

Verdict

4 Chapters

FEB

Recording Disclaimer: This proceeding was recorded in full.

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:46	Witness Cross Examination		Arroyo, Gwen	Video Recording
00:06:52	Witness Direct Examination		Forsina, Judith	Video Recording
00:45:40	Witness Cross Examination		Forsina, Judith	Video Recording
00:54:23	Witness Direct Examination	Maddox, Robert	Padovan, Seth	In Person
01:02:31	Witness Cross Examination	Mandel, Ryan	Padovan, Seth	In Person
01:04:58	Witness Direct Examination		Nelson, Walter	Video Recording
01:28:18	Witness Cross Examination		Nelson, Walter	Video Recording
01:32:08	Break
01:56:56	Witness Direct Examination		Lapeaux, Marc	Video Recording
03:00:49	Witness Cross Examination		Lapeaux, Marc	Video Recording
03:09:07	General Case Activities
03:10:11	End of Session

Elizabeth Reimers, et al. v. Everest Indemnity Insurance Co.

Summary

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:23	Witness Direct Examination	Maddox, Robert	Reimers, Elizabeth	In Person
00:11:37	Witness Direct Examination	Maddox, Robert	Medlock, David	In Person
00:33:48	Witness Cross Examination	Carsey, Jamie	Medlock, David	In Person
00:34:48	Witness Re-Direct Examination	Maddox, Robert	Medlock, David	In Person
00:36:04	General Case Activities
00:41:07	Witness Direct Examination		Perry, Brian	Video Recording
01:46:17	Break
02:11:00	Witness Direct Examination		Perry, Brian	Video Recording
02:32:22	Witness Cross Examination		Perry, Brian	Video Recording
02:50:38	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:02:02	Witness Direct Examination	Maddox, Robert	Mancebo, Gary	In Person
01:01:57	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:14	Witness Direct Examination	Maddox, Robert	Mancebo, Gary	In Person
00:23:55	Witness Cross Examination	Mandel, Ryan	Mancebo, Gary	In Person
00:50:37	Witness Re-Direct Examination	Maddox, Robert	Mancebo, Gary	In Person
00:55:02	Witness Direct Examination		Arroyo, Gwen	Video Recording
01:17:52	General Case Activities
01:19:00	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:28	Witness Direct Examination	Maddox, Robert	Curry, Robert	In Person
01:19:15	Witness Cross Examination	Mandel, Ryan	Curry, Robert	In Person
01:27:50	Witness Re-Direct Examination	Maddox, Robert	Curry, Robert	In Person
01:29:40	General Case Activities
01:31:45	Break
01:52:57	Witness Direct Examination		Shaw, Susan	Video Recording
02:53:08	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:21	Witness Direct Examination		Shaw, Susan	Video Recording
00:10:48	Witness Direct Examination		Robie, Steve	Video Recording
00:37:15	Witness Direct Examination	Maddox, Robert	Aberasturi, John	In Person
01:29:42	Break
01:54:59	Witness Direct Examination	Maddox, Robert	Aberasturi, John	In Person
02:33:05	Witness Cross Examination	Carsey, Jamie	Aberasturi, John	In Person
03:10:37	Witness Re-Direct Examination	Maddox, Robert	Aberasturi, John	In Person
03:15:18	General Case Activities
03:17:44	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:47	Witness Direct Examination	Leverty, Patrick	Stempel, Prof. Jeffrey	In Person
01:16:12	Break
01:33:18	Witness Direct Examination	Leverty, Patrick	Stempel, Prof. Jeffrey	In Person
02:11:04	Witness Cross Examination	Martin, Brian	Stempel, Prof. Jeffrey	In Person
03:02:02	Witness Re-Direct Examination	Leverty, Patrick	Stempel, Prof. Jeffrey	In Person
03:13:17	Witness Re-Cross Examination	Martin, Brian	Stempel, Prof. Jeffrey	In Person
03:16:18	General Case Activities
03:17:26	End of Session

	Description	Attorney
00:00:00	General Case Activities
00:31:49	Closing Statement	Maddox, Robert
01:59:38	Break
02:18:29	Closing Statement	Maddox, Robert
03:04:44	End of Session

	Description	Attorney
00:00:00	General Case Activities
00:00:18	Closing Statement	Martin, Brian
01:21:58	Break
01:45:14	Closing Statement	Maddox, Robert
02:14:52	General Case Activities
02:19:53	End of Session

			Description	Attorney	Witness	Presence
		00:00:00	General Case Activities
		00:01:24	Reading of the Verdict
		00:05:53	General Case Activities
		00:20:43	End of Session