Driver Not Household Member for UM Coverage under In-Laws' Policy
In GEICO General Ins. Co. v. Wright, 2009 WL 2096270 Ga.App., Douglas Wright was test-driving a motorcycle on behalf of his employer when a car failed to yield the right of way and collided with the motorcycle. Wright sued the car driver in Georgia to recover for his injuries, with his wife joined as a plaintiff to recover for loss of consortium. Wright served GEICO with a copy of the complaint in an attempt to recover under the uninsured-motorist provisions of the policy issued to his wife's parents
GEICO moved for summary judgment, arguing that Wright was not covered by the policy because he did not reside in his in-laws' household. The trial court denied the motion, and Geico appealed.
According to the Court of Appeals of Georgia, to determine whether one is a resident of the insured's household, Florida law considered three ingredients: “(1) close ties of kinship; (2) a fixed dwelling unit; and (3) enjoyment of each of part of the living facilities. The main thread of a household or family is the sharing of companionship and of the living facilities of the dwelling unit by members of the household.”
The court determined that Wright was not a member of his in-laws' household and thus was not entitled to UM coverage under their automobile insurance policy. The court explained that even though his wife's father owned the home he and wife lived in and paid some of the motorcyclist's expenses, Wright and his in-laws each considered their respective homes, which were located in different states, to be their permanent residences. Also, their total visits to each other did not exceed eight weeks in any year.
The court therefore reversed, holding that the trial court erred in denying GEICO's motion for summary judgment.