Garrison Property and Casualty Insurance Co. v. McIntire

Summary

The United States District Court for the Northern District of California granted Garrison Property and Casualty Insurance Company’s motion for summary judgment in an action seeking a declaration that its automobile insurance policy did not require coverage for claims involving the Estate of Lisa Biakanja. The court held that the policy’s family-member exclusion applied because the Biakanja children primarily resided with their mother, and declared that USAA owed no coverage for the specified creditor’s claim, affirmative defenses, or cross-complaint.

Holdings

1. The Biakanja children primarily resided with Lisa Biakanja despite dividing their time between both parents' households.
2. The family-member exclusion in the automobile policy applies to the claims at issue and bars coverage for the probate creditor's claim and the affirmative defenses and cross-complaint in the related civil action.
3. USAA was entitled to summary judgment and a declaration that it did not owe the Estate coverage for the creditor's claim or for the affirmative defenses and cross-complaint in the related civil action.

Questions Presented

1. Whether the policy term "resides primarily" applies to children who divided their time between the households of divorced parents.
2. Whether the policy's family-member exclusion bars coverage for the probate creditor's claim and the affirmative defenses and cross-complaint in the related civil action.
3. Whether USAA was entitled to declaratory judgment and summary judgment on the coverage dispute.

Disposition

other