Insured Waited Too Long to Play 'Trump Card,' Court Says

FRANKFORT, Ky. - The Kentucky Court of Appeals has affirmed the dismissal of a mold coverage action against The Hartford Fire Insurance Co., saying even if the insured had a reasonable basis to contest dismissal for lack of prosecution, it 'attempted to play its trump card after the hand was finished.' Christian Church Homes of Kentucky Inc. v. The Hartford Fire Insurance Co., No. 2005-CA-001649-MR (Ky. Ct. App.).

The court said in its Nov. 3 opinion that even if it were to consider the appeal on its merits, Christian Church Homes of Kentucky Inc. failed to provide support for its …