Neal v. Celina Mutual Insurance Co.

CULLEN, Commissioner.

A small pistol accidentally fell from Robert McCue’s pocket, hit the floor and discharged a bullet, which hit Rickie Carl Black, causing his death. Black’s administrator sued McCue for damages for wrongful death, and recovered a judgment for approximately $32,000. The judgment not being satisfied, the administrator brought the instant action against Celina Mutual Insurance Company, asserting liability of that company to pay the judgment under a homeowner’s liability policy it had issued to McCue. Among other defenses, Celina relied on a “business pursuits” clause in its…