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John Hancock Property and Casualty Insurance Co. v. Scannell9/16/2005
Insurance, Motor vehicle insurance. Words, "Household member."
This appeal presents a question of interpretation of the term "household member," as used in a Massachusetts automobile insurance policy. The background facts, as established at trial, are that the policyholder, David H. Scannell (Scannell), owned a Massachusetts automobile insurance policy, sixth edition, with uninsured motorist limits of $250,000 per person, $500,000 per accident. The policy listed Scannell's residence as 540 Hancock Street, Quincy, and the principal place for garaging of the insured vehicle as 210 Pleasant Street, Weymouth, a residence owned by Scannell and his wife, Barbara. The policy did not list any individual other than Scannell as an authorized operator of the insured automobile.
On June 25, 1996, Scannell's thirty-nine year old son, David C. Scannell (David C.), was severely injured when he was struck by an uninsured automobile while riding his bicycle. At the time of the accident, David C. lived at 210 Pleasant Street, Weymouth, with his mother, Barbara Scannell, Scannell's wife. Scannell sought and received the policy limits for personal injury protection (PIP) benefits and the policy limits for medical payments benefits for David C. in accordance with the policy. Scannell then sought the policy limits of uninsured motorist benefits for David C.
Due to some discrepancies in the claim information, the insurer began an investigation. The investigation revealed sufficient information to establish that Scannell no longer lived at 210 Pleasant Street, Weymouth, and did not garage the insured automobile at that residential address. The insurer then commenced the present action for declaratory relief, also alleging that the defendant fraudulently misrepresented where he lived and where his vehicle was garaged and that he was in breach of contract for failing to cooperate with the insurer's investigation. In addition, the insurer sought repayment of the PIP benefits and medical payments benefits it had paid on behalf of David C. The defendant, individually and as guardian for the son, answered and counterclaimed for a declaration of rights and for damages for violation of G. L. c. 176D and G. L. c. 93A; breach of contract; and deceit.
After a jury trial on the insurer's claims for fraud, misrepresentation, and breach of contract, the jury awarded damages to the insurer in the amount of the payments it had made for PIP benefits and medical payments. In an advisory verdict on Scannell's claim for violation of G. L. c. 93A, however, the jury found that the insurer's investigation violated G. L. c. 93A.
The insurer made a motion for judgment notwithstanding the verdict on the G. L. c. 93A claim. The judge allowed the motion and also ordered that judgment enter pursuant to the jury verdict for the insurer on the fraud and misrepresentation claims; made findings and declared that the insurer did not owe Scannell any benefits pursuant to the uninsured motorist provision in the policy because David C. was not a member of Scannell's household and because Scannell made material misrepresentations to the insurer; and ordered judgment for the insurer on the c. 93A claim.
On appeal, Scannell argues that there was sufficient evidence for the judge to determine as matter of law that Scannell had more than one residence and that 210 Pleasant Street, Weymouth, was one of his residences. Scannell also argues that the judge erred when she declared that the insurer did not owe him uninsured motorist benefits as she relied on the jury's determination that the insured automobile was not garaged at the Weymouth address. Scannell additionally urges this court to accept the adviso
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