Legal Opinion
Am. Mining Ins. Co. v. Peters Farms, LLC
Missouri Court of Appeals
Decided August 16, 2018No. 2017-SC-000066-DGPublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT BY JUSTICE CUNNINGHAM
This is a mineral trespass case involving the interpretation and application of a mining insurance policy. The central issue is whether an insured mining company's unauthorized removal of minerals from the property of another is an "occurrence" that unintentionally caused "property damage" as defined by the insured's Commercial General Liability ("CGL") policy.
The measure of damages is also at issue. If the mining company's removal of the coal was an innocent trespass, then the proper measure of damages is "the value of the mineral after extraction,…
2Cases cited14 opinions
- James Graham Brown Foundation, Inc. v. St. Paul Fire & Marine Insurance Co.Kentucky Supreme Court · 1991
- Simon v. Continental Insurance Co.Kentucky Supreme Court · 1986
- Aetna Casualty & Surety Co. v. CommonwealthKentucky Supreme Court · 2006
- Kentucky Ass'n of Counties All Lines Fund Trust v. McClendonKentucky Supreme Court · 2005
- Cincinnati Insurance Co. v. Motorists Mutual Insurance Co.Kentucky Supreme Court · 2010
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brianna Robinson v. Monroe Guaranty Insurance CompanyKentucky Supreme Court · 2022
- Frankenmuth Mutual Insurance Company v. Balis Campbell, Inc.District Court, E.D. Kentucky · 2020
- Greenwich Insurance Company v. Estate of Lahoma Salyer BrambleCourt of Appeals of Kentucky · 2021
- Kentucky Farm Bureau Mutual Insurance Company v. Joshua TrentCourt of Appeals of Kentucky · 2022
- Outdoor Venture Corp. v. Philadelphia Indemnity Ins.Court of Appeals for the Sixth Circuit · 2020
3 more not listed; retrieve them via the Exa API.