The essential facts surrounding the collision are not at issue in this case. The determinative question is whether at the time of the collision Sean Wale was a resident of his father Thomas Wale’s household. The trial court, in effect, answered that question in the affirmative, ruling that the Allstate liability coverage applied and that the Great American uninsured motorist coverage was not applicable. We reverse and remand.
The Allstate policy contained the following pertinent provisions:
We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an auto accident. . . . “Covered person” as used in this Part means:
1. You or any family member for the ownership, maintenance or use of any auto or trailer.
“Family member” means a person related to you by blood, marriage or adoption who is a resident of your household.
The forecast of evidence before the trial court showed that at the time of the collision, Sean Wale was an emancipated person who was enlisted in the United States Navy and stationed at Norfolk, Virginia. He enlisted in November of 1979. At the time he enlisted he gave his parents’ home address in Salisbury as his home address. During his enlistment, he had no housing other than his military station. Also, during his enlistment, he visited his parents from time to time and, just prior to the April collision, he had completed a 14-day
When Sean left to join the Navy, he removed all of his personal belongings from his parents’ home. When he visited his parents on leave, he slept on a living room couch and had no bed or dresser of his own. When he enlisted in the Navy, he never intended to return to his parents’ home. He did not consider himself to be a resident of his parents’ household at the time of the collision. Sean’s parents did not consider Sean to be a resident of their household at the time of the collision.
The interpretation of the terms “resident of your household” or “resident of the same household” or similar terms in insurance
policies has been the subject of numerous appellate court decisions.
See generally
Our courts have also found, however, that in determining whether a person in a particular case is a resident of a particular household, the intent of that person is material to the question. Jamestown v. Nationwide, supra; Fonvielle v. Insurance Co., supra. The forecast of evidence before the trial court raises a question as to Sean Wale’s intent to remain a resident of his parents’ household or to assume that status from time to time. Sean’s habit of returning to his parents’ home for furloughs and leaves and his returning there after discharge from the Navy tends to show an intent to make his parents’ home his own. On the other hand, the forecast is complicated by Sean’s own statement that he did not intend to return to that residence after his enlistment; this statement tends to show an opposite intent from that shown by his habits and activities. Thus, a material issue of fact has been raised which must be determined by the finder of fact.
In other pertinent North Carolina cases we have examined, the issue of residency went to trial, but in the case now before us, defendant Allstate having demanded a jury trial, summary judgment would be appropriate
Reversed.
