Laura Robinson and Joseph Bias (Columbia, SC) (Automobile Liability) obtained a Motion for Summary Judgment for Allstate Insurance Company. Plaintiff was involved in an automobile accident, sustaining injuries and medical costs. After obtaining the policy limits from the Defendant’s liability policy, Plaintiff made a claim for underinsured motorist (UIM) benefits under the policy, claiming status as a resident relative of the insured under the policy. Robinson and Bias, arguing for the UIM Defendant, asserted they were entitled to summary judgment in the action because Plaintiff did not qualify as a resident relative of the named insured at the time of the accident.
The Court noted the factors to be considered when determining whether an individual is a resident of a household for purposes of an insurance policy were if the Plaintiff was living under the same roof, in a close, intimate and informal relationship and the intended duration of the relationship was likely to be substantial. The Court held that the evidence we presented, even when viewed in the light most favorable to the Plaintiff, revealed Plaintiff did not qualify as a resident relative.