Metropolitan Property & Liability Insurance v. Martin

574 A.2d 931, 132 N.H. 593, 1989 N.H. LEXIS 145
CourtSupreme Court of New Hampshire
DecidedDecember 29, 1989
DocketNo. 88-402
StatusPublished
Cited by6 cases

This text of 574 A.2d 931 (Metropolitan Property & Liability Insurance v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Property & Liability Insurance v. Martin, 574 A.2d 931, 132 N.H. 593, 1989 N.H. LEXIS 145 (N.H. 1989).

Opinion

Souter, J.

In this declaratory judgment proceeding, the Superior Court {Dunn, J.) ruled the defendant’s decedent entitled to coverage for injury by an uninsured motorist, under an automobile policy so defining “insured” as to include a brother residing in the same household as the named insured. In appealing, the plaintiff assigns error to the court’s refusal to estop the defendant collaterally from relitigating an earlier factual determination that the decedent was not such a resident, said to have been rendered in a contest over coverage under a policy issued on the decedent’s mother, containing terms similar to those now in issue. We reverse.

On June 19, 1982, the decedent, Leonard Martin, died in an auto crash allegedly caused by a driver insufficiently insured to cover the resulting liability. At that time, the decedent’s brother James had a liability policy with underinsured motorist coverage issued by the plaintiff, Metropolitan Property & Liability Insurance Company. The decedent’s mother, Frances, had a similar policy issued by Peerless Insurance Company. The definition of “insured” in the Metropolitan policy issued to James included a relative of the named insured, and the policy defined “relative” as “a person related to the named insured by blood, marriage or adoption, who is a resident of the same household [as the named insured]____” So far as its terms are relevant here, the Peerless policy issued to Frances provided coverage to “any resident of the same household [as the named insured].” At the time in question, Frances, James and certain other members of their family lived at 442 Merrimack Street in Manchester.

The defendant, as administrator of the decedent’s estate, brought claims for underinsured motorist benefits under each of the foregoing policies and under two others, also issued to members of the decedent’s family. Each carrier denied coverage, and Metropolitan instituted this declaratory judgment proceeding, RSA 491:22, to litigate the resulting dispute. Peerless subsequently petitioned the superior court to enjoin arbitration of the claim under its policy, asserting that there was no coverage. See Peerless Ins. Co. v. John Martin, Jr., Adm’r., Hillsborough No. 86-E-517. After Peerless had obtained a favorable judgment, Metropolitan moved for summary judgment on the basis of offensive collateral estoppel, arguing that the judgment for Peerless rested on a finding that at the time of death the decedent had been a resident of Keene, not of 442 Merrimack Street in Manchester. The motion for summary judgment was denied; the issue of coverage was litigated on the merits; collateral estoppel was claimed once again and was again [595]*595rejected; and declaratory judgment was entered for the defendant, based on a finding that the decedent had indeed been a resident of 442 Merrimack Street within the same household as his brother James at the relevant time. In this appeal, Metropolitan seeks reversal with an instruction to enter judgment in its favor by predicating collateral estoppel on the finding in the earlier Peerless litigation that the decedent was a resident of Keene at the time of his death.

The much-discussed requirements for collaterally estopping relitigation of a fact determined in a prior proceeding and underlying its judgment need not be canvassed anew or in detail here.

“[T]he issue subject to estoppel must be identical in each action, the first action must have resolved the issue finally on the merits, and the party to be estopped must have appeared as a party in the first action, or have been in privity with someone who did so. See Duncan v. Clements, 744 F.2d 48, 51 (8th Cir. 1984). These conditions must be understood, in turn, as particular elements of the more general requirement, that a party against whom estoppel is pleaded must have had a full and fair prior opportunity to litigate the issue or fact in question. See Sanderson v. Balfour, 109 N.H. 213, 216, 247 A.2d 185, 187 (1968); Duncan v. Clements supra.”

Daigle v. City of Portsmouth, 129 N.H. 561, 570, 534 A.2d 689, 693 (1987). Metropolitan argues that the earlier determination in the Peerless litigation that the decedent’s residence was in Keene at the time of death, not 442 Merrimack Street in Manchester, qualifies for present enforcement under these requirements. The defendant was a party to the earlier Peerless action. Peerless’s request to enjoin arbitration on the ground of no uninsured motorist coverage turned on whether the decedent resided in his mother’s household at the time of death. After litigation on the merits, the master before whom the Peerless suit was tried found “that Leonard Martin was not a resident at the 442 Merrimack Street ... home of his mother ... on June 19,1982, within the context of the subject policy of insurance,” and on that basis the injunction was issued and judgment entered in the insurer’s favor, from which the present defendant took no appeal. Metropolitan submits that the trial court should have applied the estoppel doctrine to bar relitigation of the common factual element.

[596]*596The defendant proffers two arguments in support of the superior court’s contrary ruling. He argues, first, that the master in Peerless found only that the decedent was not a resident of his mother’s household at 442 Merrimack Street, leaving open the question whether he might be a resident of the same household as his brother James. Second, he argues that the Peerless proceeding was so clearly limited to the determination of residence within the meaning of the Peerless policy that to apply its determination of residence in subsequent litigation under a different policy would offend the requirement of Sanderson v. Balfour supra, that the party to be estopped must have enjoyed a full and fair opportunity in the prior proceeding to litigate the fact in issue. We find no merit in either position.

In contending that the earlier finding of no residence in the mother’s household at 442 Merrimack Street left open the possibility of residence in the brother’s household at the same address, the defendant alludes to legal definitions of “residence” and “household” that should be made explicit. “Residence” is commonly understood to refer to the place where an individual physically dwells while regarding it as his principal place of abode, see Holyoke Mutual Ins. Co. v. Carr, 130 N.H. 698, 699-700, 546 A.2d 1070, 1070-71 (1988); Connolly v. Galvin, 120 N.H. 219, 220-21, 412 A.2d 428, 429 (1980); cf. RSA 21:6-a, while “household” is understood to be a group of people dwelling as a family under one head and under one roof, Howard v. Hartford Ins. Co., 127 N.H. 727, 731, 507 A.2d 230, 232 (1986); Cartier v. Casualty Co., 84 N.H. 526, 527, 153 A. 6, 6-7 (1931). Consequently, a finding that a given individual is not a resident of a named household dwelling at a certain address is consistent either with a finding of non-residence at the address or a finding of residence there but without membership in the household. Thus it is that the defendant argues that the

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Bluebook (online)
574 A.2d 931, 132 N.H. 593, 1989 N.H. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-property-liability-insurance-v-martin-nh-1989.