Issue of First Impression for Arkansas Homeowner's Insurance to be Decided by Jury
The Arkansas Supreme Court reversed a grant of summary judgment in Zulpo v. Farm Bureau Mut. Ins. Co. of Arkansas, Inc., No. 07-421 (11/29/07).
The Zulpos had a homeowner's insurance policy with Farm Bureau, which excluded "business pursuits." The policy defined business as a trade, occupation or full-time occupation. Ms. Zulpo worked two 12-hour shifts each weekend as a nursing assistant. During the week she stayed at home with her child and would babysit other children. One of the children died, and Farm Bureau denied coverage under the business pursuits exception. The trial court granted summary judgment to Farm Bureau, and the Court of Appeals affirmed (previously posted 4/12/07).
The supreme court reversed, holding that a jury must decide if Ms. Zulpo's babysitting activities are a "business pursuit." The parties had presented conflicting evidence which could be interpreted either way. Ms. Zulpo considered herself a nurse, but she often spent more hours per week babysitting than working as a nurse. Her tax records show she earned more money as a nurse than a babysitter. The jury will have to determine if babysitting was a full-time or part-time business venture for Ms. Zulpo.
