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Shaw v. Allstate Insurance Co.8/30/2005
re, Allstate cannot deny coverage based on such a duty.
To summarize then, Etchison argues that Watson is a "resident" under the policy's definition, even though Stellingwerf did not identify her as such when applying for coverage, but that Watson was not a "resident operator" for purposes of the policy's requirement that such persons be disclosed, because Watson was unlicensed, never operated Stellingwerf's insured vehicle, and did not become a resident during the term of the policy and thereby trigger a notice requirement, because she was already a resident.
Though the policy uses the phrase "resident operator," that term is not separately defined by the policy. However, because the definition of "resident" includes a reference to "operator," we cannot conclude, as Etchison contends, that the policy extends coverage to residents who are not also operators. These words are inseparably linked by the policy. Although the question of whether Watson was a "resident" of Stellingwerf's household under the policy is a matter of dispute, the question of whether Watson was an "operator" is not in dispute. It is clear that the policy contemplates, as Etchison acknowledges, that an insured operator will be a legal operator--a licensed driver--which Watson was not. Though Etchison concedes that the policy tied the notice requirement to legal operators, we think the policy did more: it tied coverage to legal operators. Allstate requested licensing information regarding all operators, including their driver's license number, when their license was issued and the state of issuance. Stellingwerf identified only herself, and could offer no such information regarding Watson.
Though the District Court relied on Hall's analysis to conclude that notice was required here, we need not reach that analysis, because Watson was not eligible for coverage under the policy in any event. Thus, we reach the same conclusion as the District Court did, under a different rationale.
The District Court correctly entered summary judgment for Allstate.
Affirmed.
JIM RICE
We Concur:
KARLA M. GRAY
PATRICIA O. COTTER
W. WILLIAM LEAPHART
JOHN WARNER
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