| Homeowner's Insurance
Steven
was named as a defendant in a personal injury suit. At the time he was
temporarily living at his parents' house while he awaited resolution of
criminal assault charges brought against him by his wife. A condition
of his bail prevented Steven from returning to his marital home. Steven
eventually returned to live with his wife after having to live with his
parents for about three months.
Steven invoked his
father's
homeowners insurance policy coverage of personal liability for bodily
injury. The insurance company asked a court to declare that Steven was
not covered by the policy, which defined the "insured" as including
"residents" of the household. Trial and appellate courts agreed that
Steven was covered as a "resident" notwithstanding the temporary nature
of his stay in his parents' home.
The term "resident" is
famously ambiguous in the law, and the insurer did not define it at all
in the policy, much less to exclude persons who live in a residence for
a limited duration. The ambiguity had to be resolved in favor of
coverage.
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