Ledford v. State Farm Mutual Automobile Insurance CompanyLedford v. State Farm Mutual Automobile Insurance Company
At issue in this declaratory judgment action is whether a foster child living with the holder of a policy of motor vehicle accident insurance issued in this state may be considered a “relative” of the policyholder, so as to be entitled to liability coverage under the terms of the policy.
Appellants Donna T.. Ledford and Billy J. Ledford sued to recover for the alleged wrongful death of their son resulting from a three-car collision. Named as a defendant in that action was Bobby Shane Bruce, a minor child who had been driving a van insured by the appellee, State Farm . Mutual Automobile Insurance Company. Also named as a defendant was Bobby Garrett, who, as the owner of the van, was the named insured under the State Farm policy. At the time of the accident, Bruce was in the legal custody of the Hall County Department of Family & Children Services and was living in Garrett’s home as a foster child. It is undisputed that he was driving the van without the knowledge or consent of Mr. Garrett or his wife.
The term “insured” is defined by the policy to mean: “1. you; 2. your spouse; 3. the relatives of the first person named in the declarations; 4. any other person while using such a car if its use is within the scope of consent of you or your spouse. . . .” (Indention omitted.) Since it is undisputed that Bruce did not have the Garretts’ consent to drive the van, it follows that the only way he could be considered an “insured” under the liability provisions of the policy is if he could be considered a “relative” of Mr. Garrett. The trial court determined that he could not be and granted State Farm’s motion for summary judgment in this declaratory judgment action brought to determine its obligations in the matter. Held:
The appellants argue that because Mr. Garrett, as a foster parent, stood in loco parentis towards Bruce, the equivalent of a parent-child relationship existed between them, making them “relatives” in a functional sense. See OCGA § 49-5-3 (11). Cf.
Brown v. Phillips,
The term “relative” is not defined in the insurance policy under review. Generally speaking, of course, relatives are acquired by birth, marriage or adoption. The question of whether a foster child may nonetheless be considered a “relative” within the contemplation of a liability insurance policy such as the one before us has not previously been addressed in Georgia. Indeed, only one other state appears to have rendered a decision on the issue. See
Allstate Ins. Co. v. Tate,
The Garretts were receiving compensation from the DFCS for caring for Bruce, as well as for two other foster children who had been placed in their home. They were thus engaged in the operation of a “family boarding home,” which is defined by OCGA § 49-5-3 (7) to mean “a home operated by any person who receives therein for pay for supervision, care, lodging, and maintenance, with or without transfer of legal custody, three or more children under 17 years of age
who are not related to such person
and whose parents or guardians are not residents of the same house.” (Emphasis supplied.) We are persuaded by the language of this statute as well as by the common understanding of the word “relative” that the existence of a foster parent-child relationship between Garrett and Bruce did not operate to make them relatives within the contemplation of the policy. Being unwilling to expand the insurance contract “beyond what is fairly within its plain terms,”
Ga. Farm &c. Ins. Co. v. Fire Cas. Ins. Co.,
Judgment affirmed.