Grinnell Mutual Reinsurance Co. v. Moon, No. 10-4489, 2012 U.S. Dist. LEXIS 24607(D.Minn. Feb. 27, 2012)

(rancher owned truck and trailer to haul supplies for his farm; rancher agreed to haul crushed cars with his equipment for another business on several occasions; during transport, truck and trailer collided with a vehicle--killing two people and seriously injuring a third; lawsuit filed against rancher; insurance company with policy on the truck and trailer brought declaratory judgment action for determination that no coverage exists for accident because of policy’s “business” exclusion; rancher filed third-party complaint against insurance agent asserting negligence in procuring insurance to protect him; uninsured carrier also intervened; multiple summary judgment motions filed; court found rancher engaged in business activity because he agreed to haul on specific dates, signed inventory slips, received payment, and expected to make a profit from the activity; court declared exclusion applied and policy did not provide coverage; court declined to exercise supplemental jurisdiction over third-party negligence claim, so dismissed claim without prejudice).

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