New Jersey Property Liability Guaranty Ass’n v. Brown, 174 N.J. Super. 629, 417 A.2d 117 (App. Div. 1980)
Practice Areas: Environmental & Toxic Tort Litigation, First Party, Insurance Coverage and Bad Faith
Homeowners’ insurer brought declaratory judgment action against insured and injured party, seeking a determination that it was not obligated under the homeowners’ policy to defend or indemnify its insured with respect to the lawsuit brought against the insured by the injured party. The Superior Court, Law Division, Monmouth County, entered judgment in favor of the insurer and the insured and the injured party appealed. The Superior Court, Appellate Division, Seidman, P. J. A. D., held that homeowners’ policy covered occurrence at insured’s business office when in the course of purely social visit a revolver which insured was showing to a friend was accidentally discharged, resulting in serious bodily injury to the friend; the occurrence fell within exception for activities ordinarily incident to nonbusiness pursuits contained in the policy’s business pursuits exclusionary clause.