Insured's intentions are irrelevant in residency analysis.
Before the court was Allstate's motion for summary judgment. Under the homeowner's policy of insurance, a "residence premises" was defined as "one, two, three or four family building structure idintified as the insured property on the Policy Declarations, where you reside and which is principally used as a private residence." The plaintiff failed to satisfy the conditions of residency as he resided in his son's home and owned and operated a business, paid taxes, maintained a driver's license and received his mail in Maryland. The plaintiff also rented out the insured Pennsylvania premises and reported the rental income as a business income. While the plaintiff admitted to staying at the insured premises occasionally on weekends, the court determined it was not his primary residence. A person's intentions are irrelevant regarding residency, and the court must look to objective indicators to determine where the insured actually lives.
Case Law Alert - 2nd Qtr 2012