Braukman

Allstate Insurance v. Braukman

Good Law
278 F. App'x 733
United States Court of Appeals for the Ninth CircuitMay 13, 2008No. 06-35430California982 words

Opinion

Lead Opinion

*734 MEMORANDUM **

Gregory and Arlene VanDeHey (“the VanDeHeys”) appeal from the district court’s order granting Allstate Insurance Company’s (“Allstate”) motion for summary judgment. The district court held the personal umbrella insurance policy Allstate issued to Eugene and Nancy Braukman (“the Braukmans”) did not provide coverage for claims made against the Braukmans by the VanDeHeys for injuries Gregory VanDeHey allegedly incurred due to Eugene Braukman’s negligent operation of a track hoe.

The state law of Oregon governs this diversity action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The Braukmans’ personal umbrella insurance policy issued by Allstate, which was in effect at the time of the accident, granted coverage only for the “personal activities” of the insureds. The policy excluded from coverage “any occurrence arising out of a business or business property.” The policy defined “business” as “any full or part-time activity of any kind engaged in for economic gain.” The policy also contained an exception to the policy’s business exclusion: “farming” was excepted from the policy’s definition of the term “business.” The policy did not itself…

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