"On the very first day, the child got out through a screen door, and drowned in the swimming pool. The insureds notified their Homeowner's insurer, and the insurance company brought a declaratory judgment action to determine whether it was obligated to indemnify the insureds for any liabilty arising from the death of the child. The trial court determined that a business pursuit exclusion in the policy applied and excused the insurer from defending or indemnifying the insureds. The insureds appealed to the Court of Appeals.
On appeal, the insureds argued that the business pursuit exclusion did not apply. They contended that the exclusion required the business to be operated continuously and for a profit. It was their assertion that the prerequisite of "continuity" was not present because the death occured on the very first day on which the daugher provided day care service. The Court of Appeals rejected this argument, noting that the daughter's services were clearly a business pursuit because they were not occasional, casual, or temporary.
Mary Dorzok was the only person to answer "No," to this question, and so, she wins the $50.
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