Thomas and Martino win appeal

Posted on: September 30th, 2015

This case involved a dog bite injury to a child who was under the childcare services of the insured.  Grefe & Sidney attorneys Mark Thomas and Laura Martino obtained a declaratory judgment ruling in district court, which held there was no coverage under the insured’s homeowner’s policy due to the “business pursuits” and “childcare services” exclusions.  The insured argued her activities fell under the exceptions to these exclusions: “occasional child care services” and “activities which are ordinarily incident to non-business pursuits.”  Iowa Court of Appeals agreed with the district court reasoning that the “business pursuits” and “childcare services” exclusions applied.  The court also rejected a reasonable expectations argument concluding that there was no evidence the insureds expected coverage for this type of loss.

Iowa Court of Appeals – No: 13-1552


Read more news articles »