Buckner v. Preferred Mutual Insurance

This is an appeal from an order of the lower court holding appellant insurance company liable, under the medical payment provisions of a homeowner’s insurance policy, for expenses incurred as a result of injuries sustained by respondent’s wife while she was leaving the premises of the insured after depositing her child at a nursery school operated there.

The only issue in the lower court was whether coverage was excluded under subsection (h) of the provisions of the policy relating to special exclusions, which denies recovery to any person who is on the premises because of a business conducted…