Johnson v. Allstate Property & Casualty Insurance, 2012 U.S. Dist. LEXIS 115911

Johnson was injured in a Feb. 12, 2007 crash involving a school bus and the truck she was in.
She seeks underinsured motorist benefits under either her adoptive father Joseph Johnson’s or foster mother Lynda Shepard’s Allstate policies.
Allstate moves for summary judgment, arguing Johnson is not a “resident relative” under either policy.
Johnson was born May 9, 1988 and was an adult at the time of the accident.
She lived with Joseph until Oct. 2006, then lived with Shepard from Oct. 2006 to Aug. 2007; Shepard received adult foster care benefits for Johnson.
Johnson planned to live with Shepard until high school graduation and did not intend to return to Joseph’s home, despite some mail continuing to be sent to Joseph’s address.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Johnson is a resident relative under Joseph’s policy.	Johnson was a resident relative under the “unmarried dependent children” clause.	Johnson was not residing in Joseph’s household at the time of the accident.	No; Johnson was not a resident of Joseph’s home.
Whether Johnson is a resident relative under Shepard’s policy.	Johnson is a resident relative under Shepard’s policy.	A former foster child over 18 is not a relative under the policy.	No; Johnson is not a relative under Shepard’s policy.

Mickelson v. American Family Mutual Insurance Co., 329 N.W.2d 814 (Minn.1983) (relative means blood or marriage; policy not include foster child)
Park v. Government Employees Insurance Co., 396 N.W.2d 900 (Minn.Ct.App.1986) (foster child past majority not covered as relative)
Allstate Ins. Co. v. Tate, 389 N.W.2d 512 (Minn.Ct.App.1986) (foster child not a relative for auto insurance)
Viktora v. State Farm Mut. Auto. Ins. Co., 318 N.W.2d 704 (Minn.1982) (factors for determining household member)
Van Overbeke v. State Farm Mut. Auto. Ins. Co., 303 Minn. 387, 227 N.W.2d 807 (1975) (definition of “household” for coverage)