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LLOYD'S, LONDON v. ABUNDANCE COAL, INC.

No. 2009-CA-001283-MR.

352 S.W.3d 594 (2011)

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Appellants, v. ABUNDANCE COAL, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied August 15, 2011.

Attorney(s) appearing for the Case

Gene F. Zipperle, Jr. , Louisville, KY, for appellants.

Ned Pillersdorf , Prestonsburg, KY, for appellee.

Before ACREE, DIXON and KELLER, Judges.

OPINION

ACREE, Judge.

Certain Underwriters at Lloyd's, London (Lloyd's) appeal an order of the Knott Circuit Court granting the motion of Abundance Coal, Inc. (Abundance) to dismiss Lloyd's declaratory judgment action. Finding the circuit court erroneously dismissed the case, we reverse in part, vacate in part, and remand.

Three plaintiffs sued Abundance in 2007, alleging the coal company's operations had tortiously caused dust to enter their...

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