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Coakley v. Horace Mann Insurance Co.1/24/2005
mobile expenses. In fact, Christopher testified that he had no idea about the insurance on his vehicle because he simply didn't "handle that." His mother testified without contradiction that she paid the premium on Christopher's car insurance. She also paid the property taxes on the vehicle, claimed Christopher as a dependent on her tax returns, and maintained a room for him in her home. Christopher received his mail at her address and came home approximately every two weeks while he was at Clemson to do his laundry. Christopher testified that he had not stayed in his father's home overnight since 1992.
Although I believe the record actually shows that Christopher was more dependent on his mother than on his father, I recognized there is some evidence, albeit slight, to support the trial judge's decision that Christopher may have been more financially dependent on his father than on his mother. Nevertheless, it is simply irrelevant that Christopher may have been more dependent on one parent than the other. In either case, he still qualifies as a resident relative under the plain and ordinary language of the policy. The policy at issue defines relative thusly: "Relative means a person related to you by blood, marriage or adoption who lives with you. It includes your unmarried and dependent child who is away at school." In my view, Christopher falls squarely within this definition of resident relative.
To the extent the trial judge interpreted the policy provision to mean that Christopher could only be dependent upon one of his parents and found he was not dependent upon his mother, he erred as a matter of law. Thus, I would reverse the trial judge's decision that Christopher was not his mother's resident relative.
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