STOUGHTON v. MUTUAL OF ENUMCLAW

No. 26443-5-I.

61 Wn. App. 365 (1991)

810 P.2d 80

SUSAN STOUGHTON, Plaintiff, v. MUTUAL OF ENUMCLAW, Appellant, STATE FARM FIRE AND CASUALTY COMPANY, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

May 20, 1991.


Attorney(s) appearing for the Case

Hal Thurston, for appellant.

Charles Siljeg, for respondent State Farm.

H. Clarke Harvey and Kelly & Harvey, for respondents Kays.


WEBSTER, A.C.J.

Mutual of Enumclaw insured Richard Kays under a homeowners policy containing a "business pursuits" exclusion. The trial court granted summary judgment against Mutual of Enumclaw, concluding that Kays's part-time employment under the facts of this case did not comprise a "business pursuit". We reverse.

FACTS

Kays retired in 1983 at the age of 50 from Seattle City Light, where he had been employed as a power dispatcher. During the first...

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