Rufener v. State Farm Fire & Casualty Co.

James Rufener appeals a summary judgment dismissing State Farm Fire & Casualty Company from his personal injury action against Jerry Martin, State Farm's insured under a homeowner's policy. The trial court determined, as a matter of law, that Martin's liability for Rufener's injuries was excluded by the "business pursuits" exclusion of the State Farm policy. We conclude that the activities that led to Rufener's injuries were "ordinarily incident to non-business pursuits," and therefore fall within an exception to the business pursuits exclusion. We there fore reverse the judgment dismissing…