Appellate Division, Third Department Determines Business-Purposes Exclusion Ambiguous

The Appellate Division, Third Department recently addressed the business-purposes exclusion of a homeowner’s insurance policy in Pepper v. Allstate Ins. Co.   The plaintiff, a self-employed trucker, accidentally started a fire near his detached garage while attempting to repair an oil leak on his freightliner truck that he used to haul logs.   The Court determined that the business exclusion had at least two reasonable interpretations and was therefore ambiguous.  Notably, the Court reasoned that one interpretation was that the plaintiff’s activity of repairing the truck was not directly connected to the acquisition of economic gain, even though fixing the truck allowed the plaintiff to acquire economic gain by hauling logs.   

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