KY Mining Accident Not a Covered Occurrence Under Commercial General Liability Policy

Mine

Is an insured mining company’s unauthorized removal of minerals from a neighboring property an “occurrence”?

December 4, 2018
Phillip A. Perez - Saxe Doernberger & Vita, P.C.

In Am. Mining Ins. Co. v. Peters Farms, LLC,1 the Kentucky Supreme Court ruled that a mining error was not a covered accident under a commercial general liability insurance policy. The central issue was whether an insured mining company’s unauthorized removal of minerals from a neighboring property was an “occurrence” that unintentionally caused “property damage” as defined by the mining company’s commercial general liability policy (“CGL Policy”).

Mr. Perez may be contacted at pap@sdvlaw.com



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