ILNews

Mining company an insured under contractor’s policy

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT