Peerless Insurance Company v. Denise Luppe Peerless Insurance Company v. Christopher Henderson

118 A.3d 500
CourtSupreme Court of Rhode Island
DecidedJune 17, 2015
Docket14-99, 14-100
StatusPublished
Cited by10 cases

This text of 118 A.3d 500 (Peerless Insurance Company v. Denise Luppe Peerless Insurance Company v. Christopher Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peerless Insurance Company v. Denise Luppe Peerless Insurance Company v. Christopher Henderson, 118 A.3d 500 (R.I. 2015).

Opinion

*502 OPINION

Justice FLAHERTY,

for the Court.

Is the minor daughter of divorced parents, who lives with her mother but regularly stays at her father’s home for overnight visits twice per week, a resident of the father’s home for the purpose of determining coverage under the provisions of a homeowner’s insurance policy? Under the undisputed facts present in this case, we hold that the child does reside at her father’s home and we therefore affirm the judgment of the Superior Court. The defendants, Christopher Henderson and Denise Luppe, each appeal from a final judgment entered in Washington County Superior Court granting summary judgment in favor of the plaintiff, Peerless Insurance Company (Peerless), and denying Ms. Luppe’s cross-motion for summary judgment. 1 The defendants are the divorced parents of a minor child, Maya Henderson. On August 23, 2010, while Maya was enjoying overnight visitation with her father, she was bitten by her father’s dog and suffered serious injuries. Ms. Luppe soon brought a personal injury suit on Maya’s behalf against Mr. Henderson, who sought a defense under the terms of his homeowner’s insurance policy with Peerless. Peerless responded by filing a declaratory judgment action, pursuant to G.L.1956 § 9-30-1. In this action, Peerless sought a declaration that Maya was a resident of her father’s household and, therefore, was excluded from coverage for injuries that she sustained when she was bitten by the dog.

I

Facts and Travel

Maya’s parents separated in January 2009, completed a property settlement agreement in September 2009, and terminated their marriage pursuant to a judgment of absolute divorce entered in the Family Court, in May 2010. The judgment of divorce awarded joint legal custody of Maya to her parents, with “physical placement to be with [Ms. Luppe] and [Mr. Henderson] to have all reasonable rights of visitation.” This was consistent with the couple’s property settlement agreement, which was incorporated by reference in the judgment, and which defined joint custody as “shared responsibility for all major decisions concerning the upbringing, education, medical care, dental care, spiritual care, and all matters concerning the general welfare of the child.” Following the couple’s separation, Mr. Henderson lived nearby in a small studio apartment, and Ms. Luppe remained in the former marital domicile. As a result of the small size of Mr. Henderson’s apartment, Maya’s visits with her father between January 2009 and June 2010 mostly took place at her mother’s home, which Mr. Henderson visited after work on a near daily basis for a few hours each day. In fact, Mr. Henderson testified by deposition that Maya had no more than a couple of overnight visits to his studio apartment.

However, Mr. Henderson soon purchased a home that had sufficient space to allow a regular schedule of overnight visitation with his daughter. 2 That visitation schedule, agreed to amicably by both par *503 ents, was “pretty rigid,” in the words of Mr. Henderson. Accordingly, Maya would stay at her, father’s house two days each week, overnight, on Wednesdays and Sundays. After exercising overnight visitation, Mr. Henderson would bring Maya to school, and Ms. Luppe or Maya’s grandmother would pick her up at the end of the school day. When Maya stayed at her father’s house, she would sleep in her father’s bedroom, despite the presence of a “spare guest room” in the house. However, Maya would sleep in that room when her cousins would occasionally visit her at her father’s home. Maya’s paternal grandparents also regularly visited, and, when they did, they would stay in that bedroom as well. The bedroom did contain some of Maya’s toys and clothing, including “essentials” and various other “backup items,” such as a “[sjweatshirt, ⅜ * * shorts, a pair of jeans, sandals, [and] sneakers.” Generally, what Maya would wear during visitation depended on how she was attired when she arrived at her father’s home. On occasion, Maya would bring a bag she used to transfer her belongings between her mother’s and father’s houses. Mr. Henderson’s house also contained various toiletries belonging to Maya, including a toothbrush, hairbrush, and ham dryer. Mr. Henderson gave deposition testimony that he did not consider his house to be Maya’s home, and neither did she: “[Maya] knows it as daddy’s house. You know, she knows [her mother’s] home as, let’s say, home, and she knows my home as daddy’s house.”

On Sunday, August 22, 2010, Maya was at her father’s house, in keeping with the normal visitation schedule. While Mr. Henderson was in the kitchen, Maya was attacked by 'the father’s dog. Maya required significant medical attention as a result of the dog bite. 3 ■ ’

In 2011, Ms. Luppe filed the underlying personal injury lawsuit, both on behalf of her daughter and asserting injuries of her own against Mr. Henderson. 4 The complaint alleged that Maya was viciously attacked and “was disfigured, suffered personal injuries,' * * * may continue to suffer great pain of mind and body, and incurred medical expenses in connection” with the attack. At the time of the injuries to Maya, Mr. Henderson was insured under a homeowner’s liability policy issued by Peerless. When he was served with the. lawsuit brought on Maya’s behalf, Mr. Henderson sought a defense from Peerless under the terms of the policy. However, Peerless pointed to an exclusion in the homeowner’s policy, specifically Section II-Exclusions, 2(f), which says that personal liability coverage 'does not extend to cover liability for “ ‘[b]odily injury 1 to you or an ‘insured’ within the meaning [of this policy].” Further, the policy defines an “insured” as “you and residents of your household who are: a. [y]our relatives; or b. [o]ther persons under the age of [twenty-one] and in the care or any person named above.” Peerless contends that, at the time of her . injury, Maya was a resident of her father’s home and, therefore, there was no coverage for her injury because Maya was considered an insured under the policy.

*504 On January 10, 2012, Peerless filed a complaint for declaratory judgment, asking the Superior Court to determine if Maya was a resident of her father’s house. 5 Mr. Henderson filed a counterclaim to Peerless’s complaint, alleging that Peerless had breached its contract of insurance, had acted in bad faith, and had breached its fiduciary duty to Mr. Henderson by taking a position that was adverse to his best interests. 6 • ' '

During the course of discovery,. Ms. Luppe gave deposition testimony, in which she generally agreed with Mr. Henderson’s characterization of Maya’s visitation arrangements as regular, arid, barring occasional minor charigés due to scheduling, consisted of 'two overnight stays per week. Ms. Luppe also agreed that Maya kept some of her clothing and some of her toys at her father’s house. However, Ms.

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Bluebook (online)
118 A.3d 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peerless-insurance-company-v-denise-luppe-peerless-insurance-company-v-ri-2015.