Belanger v. MMG Insurance

Summary

The New Hampshire Supreme Court considered whether the plaintiff was a resident of her mother's household under an automobile insurance policy providing coverage to resident family members. The court held that residence requires physical dwelling at the claimed residence while regarding it as one's principal place of abode, without requiring an intent to remain there indefinitely. Applying that standard, the court concluded that the plaintiff was a resident of her mother's household and reversed and remanded the summary judgment ruling.

Holdings

1. In the insurance-contract context, residence means the place where an individual physically dwells while regarding it as the individual's principal place of abode.
2. Residence requires the simultaneous presence of two factors: the person physically dwells at the claimed residence and regards that location as the person's principal place of abode.
3. Belanger was a resident of her mother's household under MMG's policy at the time of the accident.
4. MMG was not entitled to summary judgment as a matter of law.

Questions Presented

1. What meaning should be given to the undefined term "resident" in an automobile insurance policy's definition of family member?
2. Whether Belanger was a resident of her mother's household under the policy at the time of the accident.
3. Whether MMG was entitled to summary judgment on the undisputed facts.

Disposition

reversed_and_remanded