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Commerce Insurance v. Finnell

Citations: 41 Mass. App. Ct. 701; 673 N.E.2d 71; 1996 Mass. App. LEXIS 861Docket: No. 94-P-2087

Court: Massachusetts Appeals Court; November 22, 1996; Massachusetts; State Appellate Court

Narrative Opinion Summary

In this case, the Superior Court addressed whether a homeowner's insurance policy provided coverage for injuries sustained by a child under the care of a babysitting arrangement. The plaintiff, an insurance company, sought a declaratory judgment that it had no duty to defend or indemnify the policyholders, the Finnells, after a child was injured in their home. The pivotal legal issue was the application of the policy's business exclusion clause, which precludes coverage for bodily injury connected to business activities of the insured. The court found that the babysitting services offered by Laureen Finnell, who was compensated for her care, constituted a business activity, thus triggering the exclusion clause. The Barretts, parents of the injured child, argued that the injury occurred during an activity unrelated to her babysitting duties. However, the court rejected this argument, citing legal precedents supporting the application of business exclusions in similar contexts. As a result, the court affirmed the summary judgment in favor of the insurance company, concluding that the policy did not cover the incident due to the business exclusion clause.

Legal Issues Addressed

Business Exclusion Clause in Homeowner’s Insurance

Application: The court held that the business exclusion clause applied to the babysitting services provided by Laureen Finnell, which were considered business activities under the homeowner’s insurance policy.

Reasoning: The central issue on appeal was whether Laureen's babysitting activities fell under the business exclusion clause of the homeowner’s insurance policy held by the Finnells.

Scope of Babysitter's Duties in Insurance Coverage

Application: The court determined that the incidental activities of a babysitter do not alter the primary responsibility of supervising and ensuring the child’s safety, thereby affirming the exclusion of coverage.

Reasoning: The court also noted that various incidental activities a babysitter might engage in do not negate the primary responsibility of supervising and ensuring the safety of the child in their care.

Summary Judgment in Insurance Duty Cases

Application: The Superior Court granted summary judgment, determining that the plaintiff was not obligated to defend or indemnify under the insurance policy terms.

Reasoning: A judge in the Superior Court granted the plaintiff’s motion for summary judgment, declaring that the plaintiff had no duty to defend or indemnify the Finnells in a case involving the injury of four-year-old Sean Barrett.