In Britten v. Liberty Mut. Ins. Co., No. A-2440-05T3, 2007 WL 77348 (N.J. Super. A.D. Jan. 12, 2007), a New Jersey court ruled that the plaintiff did not qualify as a primary insured under her mother's policy.

Plaintiff Kimberly Britten was involved in a motor vehicle accident in which she sustained injuries. Her medical bills exceeded the $75,000 of PIP benefits on her own auto policy, so she sought to collect under her mother's policy, which carried $250,000 in PIP benefits. At the time of the accident, she resided with her mother, Jane Britten.