ILNews

COA rejects insurer’s new arguments

Back to TopCommentsE-mailPrintBookmark and Share

An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.

In the rehearing of Peabody Energy Corp., Peabody Coal Co., LLC and Black Beauty Coal Co. v. Richard R. Roark and Beelman Truck Co., and North American Capacity Ins. Co., 14A01-1112-CT-555, the COA affirmed its August 2012 opinion in all regards. The court rejected the insurance provider’s petition on the grounds that North American Capacity Insurance Co. was making arguments in its petition for a rehearing that it did not raise on its appeal.

The suit started when Richard Roark, a truck driver for Beelman, was injured while delivering a load of ash to Peabody’s mine. He filed a compliant against Peabody alleging the company’s negligence caused the injuries to his left foot.

Peabody, which had a Master Performance Agreement with Beelman, demanded coverage from the trucking company’s insurance provider, NAC.

After the trial court granted a summary judgment to NAC, Peabody appealed. The COA reversed the lower court, finding Peabody was an additional insured under the policy because Roark’s injuries were directly related to his work for Beelman.

In the petition for rehearing, NAC asserted that the opinion does not explain whether it had a duty to indemnify or only a duty to defend. Also NAC claimed that an open-ended obligation to indemnify Peabody would be premature because the underlying case against the energy company is still ongoing.

 The COA dismissed those arguments.

“Although NAC’s appellee’s brief acknowledged the general principle that an insurer’s duty to defend is broader than its duty to indemnify, NAC made no argument distinguishing between its potential obligation to defend and its potential obligation to indemnify Peabody based on the facts of the case or the language of the Policy,” Judge Michael Barnes wrote for the court. “Nor did NAC argue that it would be premature to determine whether it owed a duty to indemnify at this stage in the proceedings.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT