Property Owners Insurance Co. (POI) was the insurer and Thomas Cope was the insured under a liability policy that excluded liability except in cases of liability "with respect to the conduct of a business" owned by Cope. Cope's business was a roofing company. While the policy was in force, Cope traveled to Montana with Edward Urbanski, a person with whom Cope did significant business. While on the trip, Cope snowmobiled with a group of persons that included Gregory Johnson, who died in a snowmobiling accident. Johnson's estate brought a wrongful death lawsuit against Cope. After Cope notified POI of the case brought against him, POI filed a declaratory judgment action against Cope and Johnson's estate. In the declaratory judgment action, POI sought a judicial determination that it had no obligations to Cope and Johnson's estate under the liability policy. POI took the position that Cope's trip to Montana was a personal trip for recreation purposes and that it therefore was not a trip "with respect to the conduct of [Cope's] business." Cope maintained that even if the trip was largely recreational, it was at least incidental to his business because Urbanski, who also was on the trip, was a business associate of Cope's. POI moved for summary judgment. Was POI entitled to summary judgment?
Answer to relevant QuestionsIn a class action suit against Aamco Transmissions, Inc., consumers Joseph R. Tracy and Joseph P. Tracy claimed that Aamco and its network of franchisees used deceptive advertising that inaccurately described Aamco's ...Jeffrey Lane was employed by Memtek, Inc., at its Arby's Restaurant. He was being trained as a cook. After 11:00 one evening, Lane finished work and clocked out. He remained in the restaurant's lobby, however, because he was ...Symons, a full-time insurance salesperson, bought a set of drums and cymbals from Grinnel Brothers. A security agreement was executed between them but was never filed. Symons purchased the drums to supplement his income by ...William Kranich, Jr., was the sole shareholder in the DuVal Finance Corporation (DFC). On November 10, Kranich filed a voluntary petition for relief under Chapter 7; on the following January 6, DFC also filed a voluntary ...Wiley, Tate & Irby, buyers and sellers of used cars, sold several autos to Houston Auto Sales. Houston wrote out the order for payment on the outside of several envelopes. He signed them and they were drawn on his bank, ...
Post your question