Auto Insurance for Minors of Divorced Parents
For automobile insurance purposes, do children(unemancipated minors) of divorced parents have dual residences? And if so, has any Oklahoma court determined a set of factors to examine in deciding the issue of residency?
Answer: Most cases dealing with the issue hold that a child of divorced or divorcing parents can be a member of both the household of the mother and the father. See: Snedegar v. Midwestern Indem. Co., 541 N.E.2d 90 (Ohio App. 1988): Dead child was member of divorced father’s household for auto insurance purposes, even though child spent only one or two nights a week there and used stepfather’s address for school and church. American Family Ins. Co. v. Thiem, 503 N.W.2d 789 (Minn. 1993): Child of divorced parents could be member of household of both where he maintained extensive contact w/both.
There is a good ALR annotation at 93 ALR3d 420 entitled “Who is amember of same household or family as named insured. It contains Sec. 66[a] “Child living with named insured’s former spouse or spouse having separate residence – Held ‘resident or member.’"
Unfortunately, I don’t think we have a published Oklahoma case on the subject.
Posted on Mon, November 5, 2012
by Sharon Coleman filed under