FILED
Aug 14 2026, 9:07 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
IN THE
Court of Appeals of Indiana
Sharon Parsons, as Personal Representative of the Estate of
Timothy Parsons, et al.,
Appellants-Plaintiffs
v.
Crum & Forster Specialty Insurance Company,
Appellee-Defendant
and
Danielle Benjamin, et al.,
Defendants
August 14, 2026
Court of Appeals Case No.
25A-CT-2307
Appeal from the LaPorte Superior Court
The Honorable Richard R. Stalbrink, Judge
Court of Appeals of Indiana Opinion on Rehearing 25A-CT-2307 August 14, 2026 Page 1 of 3
Trial Court Cause No.
46D02-2003-CT-471
Opinion on Rehearing
Judges Brown and Altice concur.
DeBoer, Judge.
[1] In our June 22, 2026 Opinion, we held that the claims filed by the Estate of
Timothy Parsons and his parents (collectively, the Parsons) against Crum &
Forster Specialty Insurance Company’s (Crum & Forster’s) insureds are
covered by the commercial general liability part of the primary policy, not the
third-party pollution liability coverage part. We did not comment on whether
Crum & Forster will ultimately have a duty to indemnify its insureds, as that
issue was not put before us and, even if it had been, it is not ripe for
adjudication at this procedural juncture. See Ind. Ins. Co. v. Kopetsky, 11 N.E.3d
508, 529 (Ind. Ct. App. 2014) (“[T]he issue of indemnity is not ripe for review
on any basis when there has been no finding of liability in the underlying
lawsuit.”), trans. denied.
[2] Crum & Forster petitions for rehearing and asks us to clarify that the trial court
should refrain from ruling on the issue of indemnity until liability has been
determined on the Parsons’ underlying claims. We write solely to explain that
on remand, the trial court should (1) deny Crum & Forster’s motion for
summary judgment, (2) deny at this juncture the Parsons’ cross-motion for
Court of Appeals of Indiana Opinion on Rehearing 25A-CT-2307 August 14, 2026 Page 2 of 3
summary judgment to the extent it seeks a ruling on the issue of indemnity, and
(3) otherwise grant the Parsons’ cross-motion as set forth in our Opinion. In all
other respects, our decision is affirmed.
[3] Opinion affirmed.
Brown, J., and Altice, J., concur.
ATTORNEYS FOR APPELLANTS
Robert W. Johnson
Travis N. Jensen
Janet M. Wallace
Michael D. Devor
Johnson Jensen LLP
Indianapolis, Indiana
ATTORNEYS FOR APPELLEE CRUM & FORSTER SPECIALTY INSURANCE
COMPANY
Crystal G. Rowe
Kightlinger & Gray, LLP
New Albany, Indiana
James J. Hickey
Kennedys Law, LLP
Chicago, Illinois
Court of Appeals of Indiana Opinion on Rehearing 25A-CT-2307 August 14, 2026 Page 3 of 3