480 F. App'x 309
5th Cir.2012Background
- Lange sought coverage under his parents' State Farm Personal Liability Umbrella Policy with disputed insured status.
- Policy defines 'insured' as you and relatives whose primary residence is your household, Meyersville address listed for the policyholders.
- Lange lived part-time at his Meyersville home and partly at a Victoria apartment 45 miles away for work and school.
- Documents and testimony show conflicting indicators of Lange's primary residence, including bills, vehicle registrations, and personal statements.
- District court held Lange's primary residence was the Victoria apartment; plaintiffs appealed; court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lange's primary residence at the time of the accident was the Victoria apartment. | Lange argues material facts are disputed about residence. | State Farm contends primary residence is unambiguous and Victoria apartment is primary. | Victoria apartment is Lange's primary residence; Lange not an insured. |
Key Cases Cited
- Pendergest-Holt v. Certain Underwriters at Lloyd’s of London, 600 F.3d 562 (5th Cir. 2010) (unambiguous contract interpretation framework)
- Don’s Bldg. Supply, Inc. v. OneBeacon Ins. Co., 267 S.W.3d 20 (Tex. 2008) (Texas rules for contract interpretation in insurance)
- Gilbert Tex. Constr., L.P. v. Underwriters at Lloyd’s London, 327 S.W.3d 118 (Tex. 2010) (ambiguous vs. unambiguous contract analysis)
- Interstate Contracting Corp. v. City of Dallas, Tex., 407 F.3d 708 (5th Cir. 2005) (unambiguous contract interpretation as law)
- Fidelity & Cas. Co. of N.Y. v. Lott, 273 F.2d 500 (5th Cir. 1960) (contractual terms interpreted as law when unambiguous)
- American Home Assurance Co. v. Cat Tech LLC, 660 F.3d 216 (5th Cir. 2011) (unambiguous terms determine coverage)