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rendered, promised, owed, or implied to be provided
because of the nature of the business;
Initially, USAA informed petitioner that it was denying coverage
under the homeowner's policy and, subsequently, filed a complaint
for declaratory judgment asking the Superior Court of Maricopa
County, Arizona, to enter a judgment declaring that petitioner
was not entitled to coverage under his USAA homeowner's policy
for the claims set out in Ms. Doe's civil suit. Petitioner
opposed USAA's attempt to deny coverage and claimed that he was
entitled to coverage for liability as well as the costs of
defending the civil suit. Eventually, USAA dropped its attempt
to deny petitioner coverage and paid not only the full amount of
the settlement between petitioner and Ms. Doe but also
petitioner's expenses in defending the civil suit. Thus, both
petitioner and USAA effectively took the position that Ms. Doe's
claims that were the subject of the civil suit did not arise out
of, nor were they connected with, petitioner's business.
Petitioner has seen fit to alter his position on classifying
the origin of the sexual assault claim (i.e., business or
personal) based solely on which theory happens to prove
financially advantageous to him in any given situation.
Unfortunately for petitioner, he has completely failed in his
attempt to make transformations reminiscent of a chameleon.
In conclusion, under the Gilmore test, the Court holds that
the origin of Ms. Doe's claim against petitioner did not arise
from any business or profit-seeking activity or motivation of
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Last modified: May 25, 2011