In Tilley, the exclusionary clause was held inoperative where baby care was furnished for consideration, and the baby sustained burns when she overturned a coffee percolator. The district trial court assumed that the child care was a business pursuit, but characterized insured's coffee brewing for herself and a guest as an activity not connected with baby care, thus ordinarily incident to non-business pursuits. This analysis is questionable. The baby was burned isolation from its context, rarely advances a business interest and can easily be categorized as ordinarily incident to non-business pursuits. This leads to the third, and most important, reason why we adopt the Stanley approach.
Business persons can obtain business liability insurance.
See State Farm Ins. It is undesirable to force homeowner's policy premiums to rise to cover a major part of the business tort risk of those homeowners who conduct a business in or out of the home btu choose not to purchase insurance to cover their business. See Farmers Ins. Even though the disc jockey is on duty and playing music, engaging in a physical fight is a non-business activity. But in this case plaintiff is a bystander who was hit by a speaker knocked over by the scuffling parties.