Massachusetts Bay Ins. v. Fischer

By JUDGE WILLIAM H. LEDBETTER, JR.

In this declaratory judgment action, the plaintiff asks the court to declare that a homeowner’s policy issued to William K. Noble does not cover an incident which caused injury to Edna M. Fischer in Noble’s home on November 21, 1985. Specifically, the insurer seeks a declaration that Noble was engaged at the time in a "business pursuit" within the meaning of an exclusionary clause in the policy.

By agreement of all counsel, the case has begn submitted to the court, without a jury, on the pleadings, the depositions of Noble and Fischer, the insurance contract,…