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Watkins v. Brown9/7/1994
f one thing implies the exclusion of another. Saslaw v. Weiss (1938), 133 Ohio St. 496, 498, 11 O.O. 185, 186-187, 14 N.E.2d 930, 932.
Having found that the business exclusion provision applies, we must yet examine whether the exception to that exclusion, for "activities which are usual to non-business pursuits," takes the diapering out of the exclusion. We are persuaded by the appellant's argument that it does not. We agree with CIC that although most people are not paid to diaper children, when they baby-sit infants for compensation, and those infants must be diapered, then the diapering is an activity arising from their business. Brown was expected to change Danielle's diaper as part of the care she provided her compensation for this service was reflected in the weekly fee she received from the Watkinses. Therefore, Brown's diapering activities were not "usual to non-business pursuits," and that exception to the business exclusion clause does not resurrect coverage for any liability arising from Danielle's injuries.
The business exclusion clause, though it does not expressly list baby-sitting as a business, can only be reasonably construed to exclude liability coverage for injuries arising from Brown's baby-sitting when she engaged in that baby-sitting regularly and earned an income by it, irrespective of her primary motive for engaging in it. Accordingly, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
BROGAN and WOLFF, JJ., concur. |