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INSURANCE COVERAGE DEPENDED UPON WHETHER THE INJURED RESPONDENT RESIDED WITH HIS SON IN MAINE; RESPONDENT ALLEGED HE SPLIT HIS TIME BETWEEN RESIDING IN NEW YORK AND RESIDING WITH HIS SON; A PERSON MAY HAVE MORE THAN ONE RESIDENCE; A FRAMED-ISSUE HEARING WAS REQUIRED (FIRST DEPT).

The First Department, reversing Supreme Court, determined a framed-issue hearing was required to determine whether respondent was entitled to coverage under the uninsured/underinsured motorist (SUM) provision of respondent’s son’s policy. Whether respondent is covered depends upon whether he resides with his son. Respondent alleged he splits his time between residing in New York and residing with his son in Maine. A person may have more than one residence:

The policy contained an uninsured/underinsured motorist endorsement (SUM coverage) which defined an insured as, among other things, “1. You or any family member.” The policy defined “family member” as “a person related to you by blood, marriage or adoption who is a resident of your household.” * * *

The policy conditions the status of an insured relative on whether the relative resides with the named insured. Residency is established by a degree of permanency and an intention to remain, and a person may have more than one residence … . Here, both parties have proposed that it would be reasonable to hold a framed issue hearing, and Elliott [respondent] has raised sufficient facts to warrant one, including that he splits his time between Maine and New York, spends a portion of each year at 22 Huntress Street [Maine] where he keeps personal items and has a bedroom, furnishes the house and landscapes the yard jointly with Zachary [respondent’s son], and holds the only mortgage on the property. Matter of Travelers Home & Mar. Ins. Co. v Barowitz, 2022 NY Slip Op 05131, First Dept 9-6-22

Practice Point: Here whether the injuries to respondent were covered by an uninsured/underinsured motorist provision depended upon whether respondent resided with his son in Maine. A person may have more than one residence. Respondent alleged he resided both in New York and in Maine with his son. A hearing to was ordered to determine whether respondent in fact “resided” in both Maine and New York.

 

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