Is there any reasonable question or argument that the UM coverage applies?
Mom and Dad are separated or divorced. Dad's policy includes Daughter A's car. Daughter A lives in college dorm. Daughter B lives with mom. Daughter B is riding with Daughter A, accident in which there is a claim Daughter A is partly at fault. Daughter A is a disclosed driver of the vehicle. Is there any reasonable question or argument that the UM coverage applies as to Daughter B's injuries?
Answer: There’s lots to chew on here. Daughter B’s injuries will be covered under Dad’s policy because she was insured as an occupant of that vehicle. She will also be entitled to the liability coverage of that policy because Daughter A is covered under the liability of that policy. If Dad has other cars insured, you may be able to make Daughter B an insured under his policies for UM as well as under Mom’s. She will be insured under Mom’s policies because she is clearly a household member. It is possible for children to be residents of both Mom and Dad’s households at the same time. If they are separated but not yet divorced, that will certainly be the case. Even if they are divorced, if Daughter B spends substantial time at Dad’s house, she can also be a resident of his household. There’s a whole complex of things you look at: how much time she spends at Dad’s, does she have a room there, keep clothing or other personal property there, list Dad’s address with schools, etc. For some guidance on this see: Anno. 66 A.L.R.5th 264; Widiss 2d §4.13; Schermer §27.03; No-Fault & UM Ins. §24.10[d].
Posted on Mon, August 24, 2009
by Sharon Coleman filed under