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Mining company an insured under contractor’s policy

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The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.

In Peabody Energy Corp., Peabody Coal Company, LLC, and Black Beauty Coal Company v. Richard F. Roark, Beelman Truck Co., and North American Capacity Insurance Co., 14A01-1112-CT-555, the Court of Appeals reversed summary judgment for North American Capacity Insurance Co. on its motion that it does not have to defend Peabody in a negligence lawsuit filed against the company by Richard Roark. Roark worked for Beelman Truck Co., which entered into a master performance agreement with Peabody Energy Corp. In June 2005, Roark delivered a load of ash from a power plant to Peabody’s mine. When he got out of the truck and walked toward the middle of the trailer, the ground gave way and his left foot was injured.

Peabody demanded coverage from NAC, which was Beelman’s insurer. The insurance company claimed it had no duty to defend because Roark’s claims did not arise from Beelman’s work. Peabody also alleged that Beelman breached the master performance agreement. Both sides filed for summary judgment, which Daviess Circuit Judge Gregory Smith granted in favor of NAC.

The Court of Appeals reversed, finding Roark’s injuries arose out of Beelman’s operations, so Peabody is an additional insured under the insurance policy and is therefore entitled to summary judgment.

“Regardless of whether Roark was injured because of Peabody’s sole negligence, the designated evidence shows that Roark’s injuries — the basis of Peabody’s potential liability — arose out of Beelman’s operations. Thus, Peabody is an additional insured under the Policy,” Judge Michael Barnes wrote.

Since Peabody is an additional insured under the policy, Beelman did not breach the MPA, the court affirmed.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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