Intentional Mining Neighbor's Property is Not an Occurrence

Gold mining equipment in yard

Tred R. Eyerly discusses Am. Mining Ins. Co. v. Peters Farms, LLC.

October 30, 2018
Tred R. Eyerly - Insurance Law Hawaii

The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass. Am. Mining Ins. Co. v. Peters Farms, LLC, 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018).

Beginning in 2007, Ikerd Mining. LLC removed 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that the land thereunder belonged to Peters, but pursuant to a disputed oral lease agreement between the two. Peters claimed that the lease was an ongoing negotiation that was never finalized.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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