In a fact specific analysis, a Montgomery County Common Pleas Judge ruled in Erie Insurance Exchange v. Montesano, No. 2016-13318 (C.P. Montg. Co. Sept. 1, 2020 Rogers, J.), that Christiana Montesano, an adult daughter who lived periodically in various relatives’ homes, was a resident of her father’s house and therefore could recover UIM coverage benefits under her father’s car insurance policy.
The Erie Insurance policy was issued to Christiana’s father Anthony and stepmother Donna who lived in Boyertown, Pennsylvania. Christiana lived with her father and stepmother for 19 years before moving in with her mother in Florida, where she lived for about one month. She then moved in with her grandparents in Alabama for a “change in scenery” where she lived for about another three months. Thereafter, the family members decided that Christiana should move back to her father’s home in Boyertown. About seven days prior to Christiana moving back to Boyertown, the accident occurred. Christiana was a passenger in her mother’s car when the accident occurred. Christiana then sought UIM coverage benefits from Erie under her father’s policy. Erie claimed Christiana was not a “resident” of her father’s home, and therefore was not an insured who was entitled to recover UIM coverage benefits under his policy.
The Court evaluated what constituted “physically living” with another “on a regular basis” under the language of the policy. The Court found that:
- Montesano had physically lived in the Boyertown home for 19 years before hastily departing with a carry-on bag and a few clothes, shoes, and toiletries and leaving behind all her other possessions.
- Montesano lived as a house guest at both her mother’s trailer house in Florida and her grandmother’s house in Alabama.
- Montesano’s prior visits to her mother and grandmother’s homes had also been temporary and sporadic, and this trip at issue was no different.
The Court held that even though residency is question of physical presence, Christiana’s true and permanent residence was her father’s home in Boyertown, Pennsylvania.
Questions regarding this opinion can be directed to David Friedman
