Liberty Mutual Fire Ins. Co. v. Clayton

Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that it was not required to either defend or indemnify defendant-insured in underlying wrongful death action concerning infant whom insured was providing day care services. Record showed that: (1) defendant received $25 per day for generally 4 to 5 days per week for providing home day care services for infant; (2) plaintiff’s policy contained exclusion for bodily injury arising out of or connection with business engaged in by insured; and (3) policy further defined “business” under circumstances where insured regularly provided home day care to persons other than insureds and received monetary compensation for such services. Dist. Ct. could properly find that exclusion in policy precluded coverage for underlying wrongful death lawsuit where: (1) language of business exclusion covered circumstances of defendant’s business as home day care provider; (2) defendant received regular monetary compensation for her services; and (3) infant’s death arose out of services provided by defendant as home day care provider. Fact that during final two weeks of infant’s life defendant watched infant less frequently did not require different result.