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Coakley v. Horace Mann Insurance Co.1/24/2005
or was a relative within the meaning of the policy.
II. Ownership of the Car
Appellants first argue the RX-7 could not have been a non-owned car because Dee Dee Mitchell, not Christopher, was the owner of the vehicle. The trial court found Christopher owned the car and this finding will not be disturbed on appeal unless no reasonable evidence supports the court's conclusions. Townes, 266 S.C. at 86, 221 S.E.2d at 775. We note that Scott, Dee Dee, and Christopher admitted in their Answer that Christopher owned the RX-7. The Covenant Not to Execute also states that Christopher is the owner. Appellants assert in their brief that the facts in this case are not in dispute and Dee Dee testified that the car is titled in Christopher's name. Therefore, we find sufficient evidence in the record to sustain the trial court's finding that Christopher owned the car, not Dee Dee Mitchell.
III. Status of Christopher in Relation to Dee Dee Mitchell
Since the RX-7 was not "owned by" or "registered in the name of" Dee Dee Mitchell, the named insured, the car could only be a non-owned vehicle if it was not "furnished or available for the regular use of" Dee Dee Mitchell or her "relatives." It is undisputed that the RX-7 was not available for the regular use of Scott at the time of the accident. Additionally, the trial court found, and Appellants have not disputed, that the car was not available for the regular use of Dee Dee at the time of the accident. Therefore, the car qualifies as a non-owned vehicle unless Christopher was a relative of Dee Dee under the policies.
The determination of resident relative status is a question of fact. Auto Owners Ins. Co. v. Langford, 330 S.C. 578, 581, 500 S.E.2d 496, 497 (Ct. App. 1998). The trial court found that Christopher did not reside with Dee Dee, nor was he dependent on her at the time of the accident. This finding must be affirmed unless no evidence reasonably supports it. Townes, 266 S.C. at 86, 221 S.E.2d at 775.
Christopher qualifies as a relative under the policy if he is (1) "related to" her and (2) "lives with" her. The first prong of the test is easily satisfied. Christopher is Dee Dee's son. Therefore, he is related to her by blood. The second prong, whether Christopher "lives with" Dee Dee, contains an additional qualification. He is deemed to live with her if he is her "unmarried and dependent child who is away at school." Christopher was not married and was "away at school." At issue, then, is whether Christopher was a "dependent child" of Dee Dee at the time the accident occurred.
Although there is evidence in the record which would support an inference that Christopher was dependent on his mother, there is also evidence to support the trial court's finding that "if [Christopher] were dependent on either of his parents, it was the father to whom he was dependent." For instance, although Dee Dee testified in her deposition that she provided some financial support to Christopher, such as money for groceries, gas, and insurance, she also admitted that Christopher's father paid the majority of his tuition. Christopher explained that his father provided him with a lump sum payment of $3500.00 every semester for tuition and living expenses.
Some of the testimony in this regard was conflicting. Dee Dee testified that she and Christopher's father paid for Christopher's rent while he was living in an apartment in Clemson. Christopher, however, testified he did not receive income, help with tuition, or rent money from Dee Dee. Christopher stated that his father paid for these expenses. Similarly, although Dee Dee testified she paid for gasoline and repairs on Christopher's car, Christ
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