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Mutual Of Enumclaw Insurance Co. v. Rohde11/1/2000
Argued and submitted October 6, 1999, in Enterprise.
Affirmed.
LANDAU, P. J.
Plaintiff Mutual of Enumclaw (Enumclaw) initiated this declaratory judgment action to determine whether it has a duty to defend or indemnify defendants Todd and Kimberly Rohde (Rohdes) in a wrongful death action brought against them by Paul and Natalie Lapp (Lapps). The trial court entered summary judgment declaring that Enumclaw owes no duty to defend or indemnify. The Rohdes appeal, and we affirm.
The relevant facts are undisputed. The Rohdes live on a farm, which is owned by P.J. Rohde Ranch, Inc. A number of buildings are situated on the farm, including two detached houses, commonly referred to as the "yellow house" and the "green house." The Rohdes live in the yellow house. Todd's parents live in the green house. The two houses are located approximately 25 feet apart and are served by the same electrical meter. P.J. Rohde Ranch, Inc., pays the electric bill for both houses.
The Rohdes own an antique store in Pendleton, and their main occupation is operating that store. Todd also works for the farm and is paid a salary and is granted free rent. The Rohdes enjoy a close relationship with Todd's parents. The two families regularly eat together and have unfettered access to both houses. The Rohdes take care of the grounds surrounding both houses.
Todd's parents maintain a policy of homeowners' insurance with Enumclaw. The policy defines "insured" as follows:
"a. 'Insured' means 'you' and if 'you' are:
"(1) an individual, 'Insured' also means the following members of 'your' household;
"(a) 'Your' spouse
"(b) Any of 'your' relatives[.]"
The policy also includes an endorsement for additional insureds. The endorsement provides:
"ADDITIONAL INSURED -- DESIGNATED PREMISES ONLY
"TODD A. ROHDE
"* * * * *
"Location of Premises: ANY OWNED OR LEASED FARM LOCATIONS
"It is agreed that:
"* * * * *
"B. With respect to insurance afforded under Section II [the liability coverage],
"1 the definition of 'insured' is amended to include the person(s) or organization(s) named above, but only with respect to the ownership, maintenance or use of the premises designated above and operations necessary or incidental thereto[.]"
Todd's sister is Natalie Lapp. The Lapps left their four-year-old son, Cutter, in the care of the Rohdes, along with several other children. Cutter drowned in the swimming pool of an abandoned motel where the children had been playing. The Lapps brought a wrongful death action against the Rohdes. The Rohdes, in turn, tendered defense of the action to Enumclaw, contending that they are members of the "household" of the insureds, Todd's parents. The insurer accepted the tender under a reservation of rights. It then initiated this action.
The parties both moved for summary judgment. Enumclaw argued that the Rohdes are not members of the household of the insureds and therefore are not "insureds" within the meaning of the policy. The trial court agreed, granted Enumclaw's motion, denied the Rohdes' motion, and entered judgment accordingly.
On appeal, the Rohdes argue that the trial court erred in granting Enumclaw's motion and in denying theirs. According to the Rohdes, the meaning of the term "household" is a question of law, which is determined by the application of a multi-factor analysis, taking into account not merely whether individuals live under the same roof, but also the length of time they have resided together, whether the
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