The Maryland courts have determined what constitutes a automobile passenger's residence, for purposes of extending or limiting uninsured motorist coverage.
1
Identify What Households the Injured Person Uses as a Residence
A 21-year-old man who was injured in an accident due to the negligence of an underinsured motorist was not eligible to collect uninsured motorist coverage under his parents' automobile policy, the Court of Special Appeals has held.The intermediate appellate court concluded that Richard A. Mundey, who had lived with his grandmother in Waldorf for 11 months preceding the accident, was not a resident of his parents' Lusby home as defined by their insurance contract with the Pennsylvania-based Erie Insurance Group.
2
Review the Policies, Automobile Insurance Statute and the Cases
According to the plain meaning of the policy, appellant would qualify as a 'resident' if (1) he physically lives in his parents' household, or (2) he is under the age of 24 and attends school full- time, Judge J. Frederick Sharer wrote for the court. The undisputed evidence before the circuit court clearly established that appellant failed to meet either definition of 'resident' because he did not physically live in his parents' home, and did not attend college, the judge added.
Maryland lawyer Michael J. Schreyer said that he's concerned that the case will have a negative effect on cases involving the residency issue - especially since the court seemed to depart from a 1991 case, Forbes v. Harleysville Mut. Ins. Co.
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