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GRINNELL MUT. REINSURANCE CO. v. VOELTZ

No. 87-1420.

431 N.W.2d 783 (1988)

GRINNELL MUTUAL REINSURANCE COMPANY, Appellant, v. Andrew D. VOELTZ, Tiara Voeltz, Michael K. Shannon, and Gwen K. Shannon, Individually and as Parents and Next Friends of Kimberly C. Shannon, a Minor, and Kimberly C. Shannon, Appellees.

Supreme Court of Iowa.

November 23, 1988.

Attorney(s) appearing for the Case

Richard G. Hileman of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellant.

Steven K. Warbasse, Cedar Rapids, for appellees Voeltz.

Gary D. McKenrick of Gomez, May, McKenrick & Kelly, Davenport, for appellees Shannon.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and SNELL, JJ.

LAVORATO, Justice.

The determinative issue in this declaratory judgment proceeding is whether the baby-sitting activities of an insured under a homeowners policy were excluded by the "business pursuit" exclusion of the policy. The district court said they were not and required the insurer to defend and indemnify the insured against a suit for personal injuries suffered by an infant while in the care of the insured. We agree and affirm.

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