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Triumph Foods is suing three insurance companies for failing to pay $1.25 million in damages following an October 2005 explosion during construction at the plant.

Triumph Foods is suing three insurance companies for refusing to cover $1.25 million in injury payments to victims of the 2005 gas explosion during the pork plant’s construction.

Triumph agreed to pay $1.25 million of the $12.25 million settlement, with 20 workers injured or killed during the accident. Of the three other companies involved, gas-line installer IHP Industrial paid $7 million; general contractor Epstein and Sons paid $2.5 million; and gas utility Missouri Gas Energy paid $1.5 million.

The lawsuit, filed in Buchanan County Circuit Court, claims that Hartford Casualty Insurance Company refused to pay Triumph’s portion of the settlement.

Triumph says it paid $500,000 of its own money to settle the case after Hartford refused to participate in settlement talks.

Hartford has said it only must pay after the St. Paul and Liberty Mutual policies are exhausted, according to the suit.

The suit also names Liberty Mutual Insurance Company as refusing to pay any amount. The suit says St. Paul Surplus Lines Insurance Company paid $750,000, but wouldn’t fully cover its policy and reimburse Triumph for the $500,000.

Triumph seeks damages and attorneys fees under a “vexatious refusal to pay” action, claiming the insurance companies “refused to pay a loss without reasonable cause or excuse.” Triumph alleges that the insurance companies breached their contracts and failed to make a good faith effort to settle.

The Oct. 12, 2005, explosion occurred when a gas valve was left uncapped and unscented gas flowed into the building. The gas exploded when a worker lit a torch, blowing down walls and bursting through the roof.

Andrew Bauer died at the scene. Mr. Bauer was a 24-year-old employee of D&D Masonry. His mother received a $2.25 million settlement.

The largest settlement, $3.5 million, went to Theo Jeurissen, a worker from the Netherlands who suffered a crushed pelvis from the explosion. Brad and Catherine Smith received $3 million, after Mr. Smith suffered a leg fracture. Terry Younger sustained a traumatic brain injury and received $2.5 million.

Sixteen other plaintiffs divided $1 million.

The total settlement was said to be the largest in Buchanan County. Triumph chief administrative officer Patt Lilly said the insurance lawsuit is part of Triumph’s ongoing litigation from the explosion.

Hartford was unable to provide comment.

Joe Blumberg can be reached at joeblumberg@npgco.com.