BARNES, Judge.
North American Capacity Insurance Company ("NAC") petitions for rehearing following our opinion in Peabody Energy Corp. v. Roark, 973 N.E.2d 636 (Ind.Ct. App.2012). We grant NAC's petition for rehearing; however, we affirm our opinion in all regards.
In our original opinion, we were asked to determine whether Peabody Energy Corporation, Peabody Coal Company, LLC, and Black Beauty Coal Company (collectively, "Peabody") were additional insureds under an insurance policy ("the Policy") issued by NAC to Beelman Truck Company ("Beelman"). After considering the language of the Policy's additional insured endorsement and the designated evidence, we concluded that, because Richard Roark's injuries arose out of Beelman's operations, Peabody was an additional insured under the Policy. Peabody, 973 N.E.2d at 642.
In its petition for rehearing, NAC asserts that, although our opinion refers to "coverage,"
Although NAC's appellee's brief acknowledged the general principle that an insurer's duty to defend is broader than its duty to indemnify, NAC made no argument distinguishing between its potential obligation to defend and its potential obligation to indemnify Peabody based on the facts of the case or the language of the Policy. Nor did NAC argue that it would be premature to determine whether it owed a duty to indemnify at this stage in the proceedings. Instead, throughout its brief, NAC maintained that Peabody was "not entitled to defense or indemnity" from NAC because Peabody was not an additional insured under the Policy. NAC's Br. pp. 8, 15, 21, 23.
It is well settled that any question not argued on appeal cannot be raised for the first time in a petition for rehearing. Carey v. Haddock, 881 N.E.2d 1050, 1051 (Ind. Ct.App.2008), opinion on reh'g, trans. denied. Accordingly, NAC may not argue for the first time in its petition for rehearing that it only has a duty to defend Peabody or that it is premature to determine whether it owes a duty to indemnify Peabody. We affirm our opinion in all regards.
VAIDIK, J., and MATHIAS, J., concur.