Unigard Mutual Insurance v. Martin

OPINION

RICHARD M. DAVIS, Judge Pro Tem.

The question in this case is whether, under a policy of liability insurance issued to a corporate business and its sole owner which excluded from coverage “[a]ll personal acts and activities” of the individual owner “not in direct conduct of the business”, the insurer could be liable for the owner’s negligence in operating a boat on a businessmen’s annual fishing trip. We conclude as did the trial court, that it cannot.

Kirby Martin and his wife are the sole stockholders in Dyna-Form Industries, Inc., a Phoenix enterprise engaged in making and installing…