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Arents v. General Acc. Ins. Co.

March 24, 1995

KENNETH ARENTS AND PEGGY ARENTS, PLAINTIFFS-RESPONDENTS,
v.
GENERAL ACCIDENT INSURANCE COMPANY, DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, V. PAUL ARENTS, THIRD-PARTY DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County.

Approved for Publication March 24, 1995.

Before Judges King, Muir, Jr. and Eichen. The opinion of the court was delivered by King, P.j.a.d.

The opinion of the court was delivered by: King

KING, P.J.A.D.

I

This case presents a claim of dual residence for purposes of $300,000 underinsured motorist (UIM) coverage under a standard form automobile liability policy issued to the named insured Paul Arents (Paul) by appellant General Accident Insurance Company. Paul claimed he had dual residences, both in New York City and New Jersey, on November 14, 1990 when his father Kenneth Arents (Kenneth) was struck by an underinsured vehicle in Nutley, New Jersey. The Law Division Judge accepted the claim of Paul's dual residence and found that Paul and Kenneth were members of the same household in Nutley, New Jersey, declaring Paul's UIM coverage available to Kenneth. We find ample support in the record for this Conclusion and affirm. We disagree with General Accident's contention that in this situation Paul was a resident of New York City only and not a member of the Nutley, New Jersey household.

II

This declaratory judgment was brought by Kenneth and his wife, Peggy Arents, residents of 44 Stanley Avenue, Nutley, New Jersey for an adjudication of UIM coverage (N.J.S.A. 17:28-1.1(e)(1)) under an automobile policy issued to their son, Paul. The relevant portions of the policy in which Paul is the named insured provide that General Accident

will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "uninsured motor vehicle" or "underinsured motor vehicle" where such coverage is indicated as applicable in the Schedule or Declarations because of:

1. "Bodily injury" sustained by an "insured" and caused by an accident;

....

"Insured" as used in this endorsement means:

1. You [the named insured] or any "family member."

The policy lists Paul's residence at 44 Stanley ...


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