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Personal Automobile |
Family Member |
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Uninsured Motorists |
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"Family
member" was defined in an insured's automobile policy as "a person
related to the insured by blood, marriage or adoption who is a resident of the
insured's household."
A
son, who maintained an apartment in New York City, was injured in an automobile
accident and made claim for uninsured motorists coverage benefits under his
father's policy. The insurer denied liability on the ground that the son was
not a member of his father's household. The young man sued to recover the
benefits.
Trial
court judgment, finding the insurer not obligated to pay the benefits, was
appealed by the son. He argued that he was a resident of his father's household
because he stored some of his belongings in his parents' New Jersey home and
spent the night there occasionally.
The
insurer stressed that it was established that the named insured's son resided
more than 80% of the time at his New York apartment and, accordingly, was not a
"family member" to whom his father's policy extended coverage. The
appeal court agreed.
The
judgment of the trial court was affirmed in favor of the insurance company and
against the claimant.
Aetna
Casualty And Surety Company, Appellant V. Andrew Gutstein. Court of Appeals of
New York. June 4, 1992. 599 North Eastern Reporter 2d 672.