Business Pursuits Exclusion in Pennsylvania

Pennsylvania law defines a "business pursuit" as including two elements: (1) continuity; and (2) a profit motive. Old Guard Mut. Ins. Co. v. Quigley, 1990 WL 255912, at *3 (Pa. Ct. Comm. Pl. Jan. 31, 1990). CMLP has identified no Pennsylvania cases interpreting this test in the context of online publishing out of the home (or elsewhere). As a general matter, Pennsylvania courts have excluded from the category of business pursuits activities the primary motivation for which was not financial gain.

Therefore, if you live in Pennsylvania, then you may have an argument that your online publishing activities do not constitute a business pursuit if your primary motivation is not financial gain, even if you make some money from those activities.

Note that specific language in a policy might lead a court to a result different from the overall state trend.


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