Northwestern National Casualty Co. v. Davis

Opinion

KINGSLEY, Acting P. J.

Defendants appeal from a judgment adverse to them in an action by an insurance company for declaratory relief. We affirm the judgment.

In May of 1974 the insurer issued its policy of liability insurance to Mr. and Mrs. Siemer. In November of that year, their son John, while driving a Chevrolet automobile owned by him and not a described vehicle under the policy, was involved in an accident resulting in the death of three

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girls, dependents of defendants Davis. John was under the age of 18 and his driver’s license had been issued on an application executed by his father. It is conceded that, because of that fact, the Siemers are liable to the Davises for the death of the girls. The Davises contend that, under its policy to the Siemers, the insurer is obligated to pay any judgment recovered by them in their action against the Siemers.

By the policy, the insurer was liable for any accident resulting from the use of a “nonowned” automobile. The term “nonowned” was defined in the policy as “an automobile not owned or furnished for the regular use of either the named insured or any relative.” “Relative” was defined as “a relative of the named insured who is a resident of the same household.” Since the Chevrolet was not owned or used by the named insureds, and John is admittedly a blood relative of the named insureds, the issue herein involved is whether John was, at the time of the accident, a “resident” of the Siemer household.

At the time the policy was issued, John was enlisted in the Marine Corps; he came to the Siemer home, on leave, at various times between the issuance of the policy and was on leave and living in the Siemer home at the time of the accident. Although he kept his personal belongings at the Siemer home and regularly returned there when on leave, the Davises contend that he was, on those occasions, only a “visitor” and not a “resident” because he used his military location as his mailing address and testified that he did not regard the Siemer home as his “permanent” residence.

The facts herein involved are substantially the same as those in

Allstate Insurance Company