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Richard v. Milazzo11/8/2002
nce before the trial court, we find no abuse of its discretion in awarding $50,000.
DECREE
For the foregoing reasons, the judgment of the trial court is reversed as to the issue of insurance coverage and affirmed in all other aspects. Accordingly, we find that New Hampshire Insurance Company provides coverage for the damages incurred by Wayne Richard for which Tony Milazzo has been cast in judgment herein. Costs of this appeal are to be borne by Tony Milazzo and New Hampshire Insurance Company.
REVERSED IN PART, AFFIRMED IN PART AND RENDERED.
KLINE, J., DISSENTING IN PART
I respectfully dissent for the reasons assigned by Judge Fogg.
FOGG, J., DISSENTING IN PART.
I respectfully dissent from the majority's finding that there is coverage under the homeowner's insurance policy issued by New Hampshire Insurance Company. In my opinion, a business owner's expulsion of individuals from the premises of a business is an activity arising out of or in connection with the business. Therefore, Richard's injury , which arose out of an activity performed for the benefit of the business, is excluded from coverage by the policy's business pursuits exclusion. I would affirm the judgment of the trial court in its entirety.
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