York Insurance of Maine, Inc., v. Superintendent of Insurance

In York Insurance of Maine, Inc., v. Superintendent of Insurance, 2004 ME 45, P15, 845 A.2d 1155, the insurer presented testimony that "the company could be required to defend lawsuits arising from the daycare business even though the policy excludes coverage for business-related losses because, under Maine law, an insurer's duty to defend is broader than the duty to indemnify." Id. at P6, 1158. The testimony specifically indicated particular concern about liability exposure due to possible child molestation claims and increased liability exposure for ordinary slip-and-falls due to the greater number of people who come onto the property. Id. This concern was supported by summaries of cases from other jurisdictions whereby other insurance companies had to pay claims arising from home daycare businesses when the policies had business pursuits exclusions. Id. at P8.