Court Finds it Unnecessary to Adopt 'Trigger' Theory in Ky. Coverage Case

LOUISVILLE, Ky. - A federal judge has denied summary judgment to policyholder plaintiffs in a mold coverage action, declining the parties' invitation to adopt either a continuous or manifestation trigger theory. Eckstein v. Cincinnati Insurance Co., et al., No. 5:05CV-043-M (W.D. Ky.).

John P. and Loree Eckstein sued Cincinnati Insurance Co. and Great Northern Insurance Co. in Kentucky Circuit Court in January for coverage of water damage and 'toxicgenic mold' contamination that the Ecksteins say forced them to live in alternative housing for two years.

The Ecksteins began construction on their home in 1998. They purchased four consecutive builder's …