Lee v. Hartford Underwriters Insurance
Docket: No. 03-35319; D.C. No. CV-01-00128-DMW
Court: Court of Appeals for the Ninth Circuit; October 15, 2004; Federal Appellate Court
Plaintiffs appealed a summary judgment against them regarding a complaint for declaratory and other relief. The appeal focused on whether Gabriel Wagoner and his family qualified as “family members” under the underinsured motorist and medical payments provisions of his mother and stepfather’s automobile insurance policy, which defined “family members” as “residents of the [named insured’s] household” at the time of the accident. The district court applied the Montana Supreme Court's analysis from Farmers Union Mutual Insurance Co. v. Blair, which utilized the criteria from National Mutual Insurance Co. v. Boatwright to determine “residents of the household.” The relevant factors included the individual's intent, the relationship formality, existence of another lodging, and the permanence of residence. The district court concluded that Wagoner was not a member of the Lee/Fackler household, noting he had moved out prior to the accident and was living in a trailer with his girlfriend and son. His visits to the Lee/Fackler residence were occasional and transient, indicating he did not intend to reside with them. The court emphasized that Wagoner had a formal relationship as he was purchasing the trailer from Lee and Fackler. The court distinguished this case from Continental Insurance Co. v. Bottomly, as that case involved a homeowner's policy for a seasonal family dwelling, which is different from the permanent residence issue in the current case. The district court's distinction and summary judgment in favor of the insurer were affirmed. The ruling is not intended for publication and cannot be cited in this circuit except as permitted by Ninth Circuit Rule 36-3.