An employee of a trucking contractor brought an action against a landowner, alleging that the landowner's negligence caused an accident resulting in injuries to the employee. The dispute centered around the additional insured status of the landowner. This case is Peabody Energy Corporation v. Roark, 973 N.E.2d 636 (2012).

 Peabody owns property where it conducts mining operations. Beelman is a trucking company. Beelman and Peabody entered into a performance agreement in which Beelman agreed to indemnify, defend, and hold harmless Peabody against all claims, damages, losses, and expenses because of bodily injury arising out of or in consequence of the performance of the work called for by the contract.

 Beelman purchased a commercial general liability policy from North American Capacity Insurance Company (NAC), and had an additional insured endorsement added to the policy providing coverage for “any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to occurrences taking place after such written contract has been executed, and occurrences resulting from work performed by you during the policy period”. The who is an insured clause was amended to include as an insured the person or organization shown in the schedule as an insured “but only with respect to liability arising out of your operations or premises owned by or rented to you”.