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PEABODY ENERGY CORP. v. ROARK

No. 14A01-1112-CT-555.

978 N.E.2d 503 (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.

November 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 ON REHEARING

BARNES, Judge.

North American Capacity Insurance Company ("NAC") petitions for rehearing following our opinion in Peabody Energy Corp. v. Roark, 973 N.E.2d 636 (Ind.Ct. App.2012). We grant NAC's petition for rehearing; however, we affirm our opinion in all regards.

In our original opinion, we were asked to determine whether Peabody Energy Corporation, Peabody Coal Company, LLC, and Black...

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