Person May Have More that One Residence for Insurance Purposes

The Second Department determined Supreme Court erred by not holding a hearing to determine whether the respondent was an “insured” within the meaning of an automobile insurance policy. Noting that a person can have more than one residence for insurance purposes, the Second Department wrote:

The endorsement defines an insured as, inter alia, any relative of the named insured while a resident of the same household as the named insured. While “[a] person can have more than one residence for insurance coverage purposes, residency in this context generally entails something more than mere temporary or physical presence, and requires some degree of permanence and intention to remain … . The petitioner submitted sufficient evidence with regard to the residence addresses of the respondent to raise a genuine issue regarding whether the respondent was a resident of her brother’s household at the time of the subject accident … .   Matter of A Cent Ins Co v Williams, 2013 NY Slip Op 02744, 2nd Dept, 4-24-13