Kentucky National Insurance Co. v. Gardner

FARMER, Judge.

Plaintiff Kentucky National Insurance Company appeals the trial court’s judgment awarding Defendants/Appellees Robert G. and Sandra L. Gardner the sum of $56,750 under a commercial property insurance policy that Kentucky National previously had issued to the Gardners. The trial court’s judgment also awarded the Gardners $14,062.50 in prejudgment interest. We reverse the trial court’s judgment based upon our conclusion that the court erred in failing to enforce a provision of the insurance policy which prohibited the Gardners from taking any action after a loss that would impair…