American Family Mutual Insurance Co. v. Elliot

JAMES W. ANDERSON, Circuit Judge.

American Family Mutual Ins. Co. (American Family) appeals from a decision of the Circuit Court for the First Judicial Circuit denying American Family’s motion for summary judgment. We reverse the order of the circuit court.

FACTS

This ease is an action seeking a declaratory judgment to determine the rights under a homeowner’s insurance policy (policy) issued to Marie and Robert Elliot. American Family sought to have the circuit court declare that the policy excludes coverage for the babysitting service operated by Marie Elliot (Elliot) in her home.

Elliot cares…