Black v. Fireman's Fund American Insurance

SUBSTITUTE OPINION

The Court’s prior opinion, dated November 4, 1988, is hereby withdrawn.

WALTERS, Chief Judge.

This is a consolidated appeal in two related cases arising from an alleged personal injury occurring at an auction. The dispute presents two principal issues: first, whether the “business pursuit” exclusion to a homeowner’s liability insurance policy relieved an insurer of its duty, under the facts of this case, to provide coverage to the insured; and second, whether the insurer had the duty to defend its insured even though coverage for the accident was questionable. We hold that the…