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Home > Legal Guide > Dealing with Legal Threats and Risks > Finding Insurance > Insurance Exclusions for Business Pursuits > Business Pursuits Exclusion in North Carolina

Business Pursuits Exclusion in North Carolina [1]

North Carolina law defines the word "business" in "business pursuit" as "an individual's paramount means of earning a livelihood." North Carolina Farm Bureau Mut. Ins. Co. v Briley, 491 S.E.2d 656, 659 (N.C. App. 1997). CMLP has identified no New York cases interpreting this test in the context of online publishing out of the home (or elsewhere). As a general matter, however, North Carolina courts have declined to include part-time work under the exclusion, at least where the insured also had a separate full-time job.

Therefore, if you live in North Carolina, then you may have a good argument that your online publishing activities are not a business pursuit so long as they do not constitute your primary occupation or source of income.

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

Jurisdiction: 

  • North Carolina [2]

Subject Area: 

  • Insurance [3]

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Source URL (modified on 02/13/2008 - 3:20pm): https://www.dmlp.org/legal-guide/north-carolina/business-pursuits-exclusion-north-carolina#comment-0

Links
[1] https://www.dmlp.org/legal-guide/north-carolina/business-pursuits-exclusion-north-carolina
[2] https://www.dmlp.org/jurisdiction/united-states/north-carolina
[3] https://www.dmlp.org/subject-area/insurance