Judge Randall Jackson made it for the trial setting in Triumph Foods' lawsuit against three insurance companies.

The other parties failed to appear Wednesday morning in Buchanan County Circuit Court as they worked toward a settlement.

Mr. Jackson advised Triumph's counsel, Mark Stingley, that if he didn't file a motion by 5 p.m. Wednesday, the judge would dismiss the case. Mr. Stingley filed that motion about noon, and a status review is set for next Monday at 8:30 a.m.

Mr. Stingley said he couldn't discuss the specifics of the settlement but did tell the News-Press that it involves more than one of the insurance companies. As of Wednesday afternoon, the sides still were hammering out the paperwork.

The lawsuit stemmed from Triumph's $12.25 million settlement following an accidental explosion in 2005 that killed or injured 20 workers during the pork plant's construction. Triumph agreed to pay $1.25 million of that settlement.

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.

Triumph's lawsuit claims Hartford Casualty Insurance Co. refused to pay Triumph's portion of the settlement. Triumph says it paid $500,000 to settle the case after Hartford refused to participate in settlement talks.

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

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

R.J Cooper can be reached

at rjcooper@npgco.com.