Virginia Mutual Insurance v. Hagy

This appeal is limited to the question whether, as the appellant-insurer states in its assignment of error, the trial court erred because it “failed to hold, as a matter of law, that [the insured] was engaged in a ‘business pursuit’ within the meaning of [an exclusionary clause in] her homeowner’s insurance policy”.

On January 15, 1980, Shantea Henderson, an infant, suffered fatal injuries while under the care of Nancy Hagy. Avis E. Henderson, Shantea’s mother and administratrix of her estate, filed a wrongful death action against Hagy. Hagy was insured under a homeowner’s policy issued by…