Certain Underwriters at Lloyd's, London v. Abundance Coal, Inc.

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 real property. 1 They asserted that this constituted negligent trespass and sought compensatory, consequential, and punitive damages. In 2009 Lloyd’s,…