Full Opinion

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