In a summary judgment win for Wiley’s client, a Kentucky Circuit Court, applying Kentucky law, held that a prior knowledge exclusion, application exclusion, and prior notice exclusion all applied to bar coverage for a claim brought against the insured care facility. Hunt v. Masonic Homes of Ky. Inc., No. 17-CI-005888 (Ky. Cir. Ct. June 9, 2026). The court also held that a claims administrator entity, which did not issue the policy, must be dismissed because it never had a contractual relationship with the insured. The court also granted summary judgment as to the insured’s bad faith claims against both the insurer and the claims administrator.
The insured, a senior care and assisted living facility, was sued by the estate of a resident who allegedly received substandard care at the facility. In December 2016, the resident suffered a severe hip fracture at the facility and died shortly thereafter. That month, the decedent’s daughter contacted the insured multiple times to inquire
