Appellate Division Rules That Insurer May Owe Coverage For Homeowner Providing Daycare

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The Appellate Division has reversed a trial court decision ordering Bay State Insurance Company to defend and indemnify its insured under a homeowners policy in connection with a personal injury lawsuit alleging that a child was injured while the company’s insured provided daycare services. In reversing the trial court’s decision, the Appellate Division remanded this case for a plenary hearing to ascertain whether or not Bay State’s insured was watching children for a profit motive which arguably would fall under an exclusion for coverage.

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