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The issue before the appeals court was whether either the business or rental exclusions in a homeowner’s policy applied to defeat coverage for the insured who was sued after her dog bit a boarder’s son. This case is Homesite Insurance Company v. Hindman, 992 A.2d 804 (2010).

Hindman owned a single family home and took in as boarders her friend, Romano and Romano’s son. Romano paid Hindman $300 per month in rent plus one-half of the utilities. During this time, Hindman’s dog bit Romano’s son and Romano sued Hindman seeking recovery for the son’s injuries. When Hindman turned the lawsuit over to her insurer, Homesite Insurance Company, the insurer denied coverage and cited two exclusions: the business exclusion since Hindman was engaged in a business; and the rental exclusion since the injury arose out of Hindman’s renting a part of the premises. The insurer filed a declaratory judgment action seeking a declaration that there was no coverage for the dog bite claim. The trial court found in favor of the insured and the insurer appealed.

ICLC Staff Writer

 

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