STUART v. AMERICAN STATES INS. CO.

No. 65355-1.

953 P.2d 462 (1998)

134 Wash.2d 814

Neoma STUART, Respondent, v. AMERICAN STATES INSURANCE COMPANY, a foreign corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 2, 1998.


Attorney(s) appearing for the Case

Reed McClure, by William R. Hickman and Mary R. DeYoung, Seattle, for Petitioner.

Louie V. Delorie, Jr., Yakima, for Respondent.


JOHNSON, Justice.

This case presents the issue of whether a foster home constitutes a "business pursuit" as that term is used in an exclusion in a homeowners insurance policy.1 Neoma Stuart alleged injury by Jody Collins, a foster child of the insureds, Tom and Patricia McCabe (the McCabes). The McCabes' insurer, petitioner American States Insurance Company (ASI), denied coverage and Stuart sued.

The trial court held the McCabes...

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