Defense in $5M Insurance Trial: Insurer’s Interpretation on Exclusion was Mistake, Not Bad Faith

Brian Martin tells jurors that Everest Indemnity’s mistake in applying a time-bar exclusion against its insured, builder Matthews Homes, for claims resulting from a levy break did not rise to the level of bad faith. Martin also argues that Everest’s subsequent refusal to cover Matthews based on an earth movement exclusion  was reasonable under the circumstances. Martin represents Everest in a bad-faith insurance suit by the Reimers class of plaintiffs, owners whose property was damaged by the levy break, and who were assigned Matthews Homes’ right to sue Everest.