PEABODY ENERGY CORP. v. ROARK

No. 14A01-1112-CT-555.

973 N.E.2d 636 (2012)

PEABODY ENERGY CORPORATION, Peabody Coal Company, LLC, and Black Beauty Coal Company, Appellants-Defendants and Third-Party Plaintiffs, v. Richard F. ROARK, Appellee-Plaintiff, and Beelman Truck Company, Appellee-Third-Party Defendant, and North American Capacity Insurance Company, Appellee-Third-Party Counterclaim Plaintiff and Third-Party Defendant.

Court of Appeals of Indiana.

August 30, 2012.


Attorney(s) appearing for the Case

Patrick A. Shoulders , Jean M. Blanton , Ziemer Stayman Weitzel & Shoulders, Evansville, IN, Karl L. Mulvaney , Nana Quay-Smith , Bingham Greenbaum Doll, LLP, Indianapolis, IN, Attorneys for Appellants.

Todd A. Croftchik , Seipp & Flick, LLP, Lake Mary, FL, Attorney for Appellee, Beelman Truck Company.

Julia Blackwell Gelinas , Maggie L. Smith , Dean R. Brackenridge , Carrie G. Doehrmann , Frost Brown Todd, LLC, Indianapolis, IN, Attorneys for Appellee, North American Capacity Insurance Company.


OPINION

BARNES, Judge.

Case Summary

Peabody Energy Corporation, Peabody Coal Company, LLC, and Black Beauty Coal Company (collectively, "Peabody") appeal the trial court's grant of summary judgment in favor of Beelman Truck Company ("Beelman") and North American Capacity Insurance Company ("NAC"). We affirm in part, reverse in part, and remand.

Issue

The dispositive issue we address is whether Peabody is an additional insured...

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