Ky. Court Declines to Find Late Notice Prejudicial, Orders Appraisal

LEXINGTON, Ky. -A delay of several months in providing notice of storm damage and related mold contamination does not extinguish all rights under a homeowner's insurance policy, a federal judge in Kentucky ruled on Oct. 20. Motorists Mutual Insurance Co. v. Post, No. 04-487-JBC (E.D. Ky.).

Motorists Mutual Insurance Co. asked the U.S. District Court for the Eastern District of Kentucky for a declaratory judgment allowing it to deny coverage for damage to a castle owned by defendant Thomas Post, which was purchased before the insurer was notified by the prior owner of possible covered storm damage.

Trustee Linda Wright …