When is a Person Considered a Resident Relative Under an Auto Policy?

A “resident relative” is defined under most automobile insurance policies as someone who resides in the household and is related to the insured.  As simple as this may sound, it has been the subject of much litigation over the last decade.  In the recent case of Kaylor v. Donegal Mutual Insurance Co.,  a person who was injured in an auto accident was seeking uninsured motorist benefits under her sons policy.

At the time of the accident, the injured party, his mother, was staying at a personal care facility.  Since she was not “physically” living in her sons house at the time of the accident, could she still be considered a resident of the household?  The Superior Court ruled that she was a resident and, therefore, entitled to uninsured motorist benefits under the policy.