In September 1985, Cody Susnik and his brother began regularly attending a day care run out of Loretta Donnelly's home.

While in Donnelly's care, Cody suffered serious injuries when another child apparently attempted to jump on him. Cody's parents sued Donnelly, claiming that she was negligent in leaving the children unsupervised.

Donnelly turned to her homeowner's insurance for coverage. Not surprisingly, the insurer argued that the incident occurred during a "business-pursuit," and, thus, was excluded by the homeowner's policy.

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