United States Tenth Circuit

The transportation of "fly ash" should be treated as a "business pursuit" under a farmowners-ranchowners insurance policy clause that excludes coverage for "bodily injury or property damage arising out of business pursuits," so that an insurer had no duty to defend a property damage claim under Oklahoma law.

Appellate Information

• Decided 06/13/2002
• Published 06/13/2002

Judges

• ALDISERT, Circuit Judge., Before SEYMOUR, ALDISERT, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mort G. Welch (Sherry L. Smith with him on the brief) of Welch & Smith, Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Donald R. Wilson (Michael S. McMillin with him on the brief) of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, for Defendant-Appellee.