Determining Resident Relative Status

Many liability policies extend coverage to relatives of the named insured who are “residents” of the same household of the named insured. Whether a person is or is not a resident of a particular place is a question of law as well as fact, and is to be determined from all of the facts of each particular case.

Residence and domicile are not synonymous terms. While a person may have only one domicile, he or she may have several residences.

Temporary absence does not necessarily preclude a relative from being a resident of the same household of the named insured.

As for a spouse, the emphasis is upon whether there remains membership in a group rather than an attachment to a building and it is a matter of intention and choice rather than one of location.

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