Stoughton v. Mutual of Enumclaw

Webster, A.C.J.

Mutual of Enumclaw insured Richard Kays under a homeowners policy containing a "business pursuits" exclusion. The trial court granted summary judgment against Mutual of Enumclaw, concluding that Kays's part-time employment under the facts of this case did not comprise a "business pursuit". We reverse.

Facts

Kays retired in 1983 at the age of 50 from Seattle City Light, where he had been employed as a power dispatcher. During the first 3 years of his retirement, Kays worked to maintain his home and property. Beginning in 1986, Kays performed odd jobs for various people including…