The applicant, who operated a wood shavings business, was sued for negligence after a tree he was cutting down fell and injured the plaintiff.
The applicant sought a declaration that his homeowner's insurer (Northbridge) and his commercial general liability insurer (Economical) had a duty to defend the action.
The court held that Northbridge had no duty to defend because the tree cutting was an occasional pursuit undertaken for financial gain, falling squarely within the policy's business exclusion.
However, the court found that Economical had a duty to defend because the policy covered the applicant as a sole owner of a business, and it was possible the tree cutting arrangement did not constitute a joint venture or partnership that would fall outside coverage.
The applicant's request to appoint independent counsel was dismissed as premature.