The New York Court of Appeals will hear oral arguments in Maroney v. New York Central Mutual Fire Insurance Co. next week — a case concerning the application of the business pursuits exclusion. 

As I wrote in January 2005 (see post here), the insured’s daughter in this case was babysitting a child in the insured house but was busy dressing.  The insured mother had to do some chores in the barn across the street and took the child with her while her daughter finished dressing.  The barn was not insured on the insured’s homeowner’s policy.  While at the barn, one of the insured’s horses unfortunately kicked the child in the skull, causing him injuries.

Several insurance coverage issues are involved in the appeal: (1) the application of the business pursuits exclusion because the barn was used for a horse-boarding business; and (2) the interpretation of the phrase "arising out of a premises." 

The Third Department’s Memorandum and Order is worth a read.