Mundey v. Erie Insurance Group

893 A.2d 645, 167 Md. App. 444, 2006 Md. App. LEXIS 25
CourtCourt of Special Appeals of Maryland
DecidedMarch 1, 2006
Docket2069, September Term, 2004
StatusPublished
Cited by4 cases

This text of 893 A.2d 645 (Mundey v. Erie Insurance Group) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mundey v. Erie Insurance Group, 893 A.2d 645, 167 Md. App. 444, 2006 Md. App. LEXIS 25 (Md. Ct. App. 2006).

Opinion

SHARER, J.

In this insurance coverage case, appellant, Richard A. Mun-dey, Jr., challenges the Circuit Court for Prince George’s County’s declaratory judgment order finding that appellee, Erie Insurance Exchange, did not owe him uninsured motorist benefits.

Appellant presents two issues for our review, which we have slightly rephrased as follows:

1. Whether the trial court erred in determining that appellant was not a “resident” of his parents’ household for purposes of their automobile insurance policy.
2. Whether the trial court erred in finding that the automobile insurance policy’s uninsured motorist provisions do not violate Maryland public policy.

Finding no error, we shall affirm the judgment of the circuit court.

FACTUAL and PROCEDURAL BACKGROUND

On January 17, 2002, appellant, then 21 years old, was seriously injured while a passenger in a vehicle driven by his girlfriend, Amber Rose Burgess, who lost control of her vehicle and hit a tree. Ms. Burgess was found to be underin-sured, having a Maryland Automobile Insurance Fund (“MAIF”) policy providing only the statutory minimum coverage of $20,000. 1

*447 Appellant filed a complaint in the Circuit Court for Prince George’s County against Ms. Burgess, on September 18, 2002, seeking damages caused by her negligence. The complaint was amended on January 21, 2003, to include a declaratory judgment count against appellant’s parents’ automobile insurer, Erie Insurance Exchange (“Erie”), to determine if the Erie policy provided uninsured motorist coverage to appellant. Ms. Burgess’s insurer, MAIF, paid the $20,000 policy limit, and appellant dismissed the count against Burgess, on March 11, 2003.

The Erie “Pioneer Family Auto Insurance Policy” purchased by appellant’s parents provided policy limits of $250,000. The policy’s uninsured/underinsured provision, at issue in this appeal, provides, in relevant part, as follows:

UNINSURED/UNDERINSURED MOTORISTS COVERAGE
OUR PROMISE
We will pay damages for bodily injury and property damage that the law entitles you or your legal representative to recover from the owner or operator of an uninsured motor vehicle or underinsured motor vehicle.
Damages must result from a motor vehicle accident arising out of the ownership or use of the uninsured motor vehicle or underinsured motor vehicle as a motor vehicle and involve:
1. bodily injury to you or others we protect.
OTHERS WE PROTECT
1. Any relative.

“Relative” is defined in the policy’s definitions section:

“relative” means a resident of your household who is:
1. a person related to you by blood, marriage or adoption, or
*448 2. a ward or any other person under 21 years old in your care.
“resident” means a person who physically lives with you in your household. Your unmarried, unemancipated children under age 24 attending school full-time, living away from home will be considered residents of your household. 2

(Emphasis in original).

The declaratory judgment action came on for trial on August 26, 2004. Neither party called live witnesses; rather, each proffered evidence from which the circuit court could have found the following: On or about February 14, 2001, appellant, then 20 years old, was arrested and incarcerated for failure to pay a court-ordered fine. Appellant’s parents, Richard A. Mundey, Sr. and Sharon Mundey, agreed to post his bail if he would agree to, inter alia, move out of their home in Lusby, Maryland, and into his grandmother’s home in Waldorf, Maryland. It was further agreed that appellant would have to get a job and “get his act together” before he could move back into his parents’ home. 3

Upon the posting of bail by his parents, appellant was released from jail and moved into the home of his grandmother, Shirley Sterling, in Waldorf. Shortly thereafter appellant got a job in Waldorf; first at Oak Ridge Construction Company and then at Damon’s Restaurant. Approximately one month after he moved in with his grandmother appellant obtained his driving learner’s permit. 4 Appellant was not, at any time relevant to the issues in this case, enrolled in college.

*449 Appellant lived with his grandmother in Waldorf for the 11 months preceding the accident. During that time he visited his parents’ home approximately four to six times. He spent the night at their house on two occasions — Thanksgiving and Christmas night. On those occasions, appellant slept on an extra bed in his younger brother’s room, as his former bedroom had been converted to other family use.

At his grandmother’s home, appellant had his own bedroom and was free to use the entire house, and the telephone. Appellant ate his meals with his grandmother and, when he was not at work, he either watched television or spent time with his girlfriend at his grandmother’s house. In December 2001, appellant’s father denied appellant’s request to move back into the family home.

Except for his pay record at Damon’s Restaurant, appellant continued to use his parents’ Lusby address as his home address. Although appellant never filed for a change of address in Lusby, his mother either brought his mail when she visited her mother, or mailed it to appellant at the Waldorf address.

Alter hearing the proffers and arguments of counsel, the circuit court issued an opinion from the bench providing, in relevant part:

It appears to me that the definitions used in Erie’s policy are not void against public policy, but are in fact logical, clear, and stated in plain language, sufficient to put all policyholders on notice of the extent of risk that this contract is intended to cover. The temporary residence of the [appellant] at his grandmother’s home was temporary based on the limits placed by the homeowners who are the insureds under this policy. That is it was entirely up to his parents, the named insured homeowners, to determine how long that temporary residence would continue.
The policy anticipates that issue in its specific statement regarding full-time students living away from home who are unemancipated children under age 24 ...
*450 Here we have a young man who was emancipated absolutely. He was over 18. He was living and working on his own. He was not dependent for any purpose for his parents, and therefore could not even be considered an un-emancipated child over 18 ...

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Bluebook (online)
893 A.2d 645, 167 Md. App. 444, 2006 Md. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mundey-v-erie-insurance-group-mdctspecapp-2006.