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PETERSON v. HIGHLANDS INSURANCE COMPANY

Nos. 75-303, 75-328.

328 So.2d 49 (1976)

Donnie M. PETERSON, As Administrator of the Estate of Robert Allen Peterson, a Deceased Minor, for the Benefit of Donnie M. Peterson and Susan M. Peterson, Appellants, v. HIGHLANDS INSURANCE COMPANY, a Foreign Corporation, Appellee. Mariam WALL and Fred C. Wall, Her Husband, Appellants, v. HIGHLANDS INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 3, 1976.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for Petersons.

Leland E. Stansell, Jr., and Robert A. Glassman, Miami, for Highlands Ins. Co.

Martin J. Schwartz, Gainesville, for Walls.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

The point involved on this appeal is whether an ordinary homeowners insurance policy covered an injury to an infant, who was left with the homeowner who was running a nursery or babysitting service for compensation.

The trial judge found that the homeowner was engaging in a business activity and denied coverage. The policy contained the following business exclusion:

* * * * * * "This policy does not apply * * * to bodily injury...

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