Phelps v. State Farm Mutual Automobile Insurance

426 S.E.2d 484, 245 Va. 1, 9 Va. Law Rep. 713, 1993 Va. LEXIS 8
CourtSupreme Court of Virginia
DecidedJanuary 8, 1993
DocketRecord No. 920429
StatusPublished
Cited by4 cases

This text of 426 S.E.2d 484 (Phelps v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phelps v. State Farm Mutual Automobile Insurance, 426 S.E.2d 484, 245 Va. 1, 9 Va. Law Rep. 713, 1993 Va. LEXIS 8 (Va. 1993).

Opinion

CHIEF JUSTICE CARRICO

delivered the opinion of the Court.

This is an appeal from a final order in a declaratory judgment proceeding brought by Anna L. Phelps against State Farm Mutual Automobile Insurance Company. In the order, the trial court held that Anna Phelps was not entitled to coverage under an automobile insurance policy issued by State Farm in which she was the named insured. Finding that the trial' court erred, we will reverse.

The dispute arose out of a single-car accident that occurred on-June 10, 1989, while Anna Phelps was driving an automobile owned by her sister, Mary Catherine Phelps, and insured by Nationwide Mutual Insurance Company. Anna and her two passengers were injured, and the vehicle was damaged.

[3]*3Mary Catherine’s policy with Nationwide provided only liability coverage, while Anna’s policy with State Farm provided both liability and collision coverage. State Farm denied responsibility for the claims resulting from the accident. In her declaratory judgment proceeding, Anna sought to have State Farm declared liable for excess liability coverage with respect to the claims of her passengers as well as for collision coverage concerning the damage to Mary Catherine’s car.1

The State Farm policy provided Anna with coverage for both “owned” and “non-owned” automobiles. The policy defined a non-owned automobile as one “not owned by or furnished for the regular use of either the named insured or any relative.” The policy stated that ‘ ‘ ‘relative’ means a relative of the named insured who is a resident of the same household.”

State Farm does not claim that the vehicle operated by Anna at the time of the accident was furnished for her regular use. Rather, State Farm’s denial of coverage was based upon the theory that Anna and Mary Catherine were residents of the same household, viz., their mother’s household, and, therefore, that the vehicle did not qualify for coverage as a non-owned automobile. The trial court, in a letter opinion, adopted State Farm’s theory and thereafter entered the adverse declaratory judgment from which Anna appeals.

The evidence shows that until they went away to college, Anna and Mary Catherine lived at Goode, Bedford County, Virginia, with their widowed mother, Marjorie Hunt Phelps, and two younger sisters. Mrs. Phelps “told [Anna and Mary Catherine that] when [they] turned eighteen [they] were on [their] own.” Furthermore, although Mrs. Phelps had a family automobile insurance policy, she did not ‘ ‘invite’ ’ Anna and Mary Catherine to ‘ ‘ [include their cars] on that policy with [her]” but “told them to both get automobile insurance as soon as they left home.”

Mary Catherine left home in the summer of 1987, after she turned eighteen, to attend college at George Mason University in Northern [4]*4Virginia. She removed all her possessions from her mother’s home except a “box of junk” containing “[tjhings that [she] didn’t want to throw away [but] didn’t want to drag with [her].” She lived in a dormitory at the university during the first semester and with a friend in Alexandria during the second semester. Then, in the fall of 1988, she moved with her boyfriend into a townhouse at Springfield in Fairfax County. She signed a lease on the premises along with a third person who also occupied the townhouse.

Mary Catherine’s grandmother loaned her the money to buy the car that was later involved in the accident of June 10, 1989. With her own funds, Mary Catherine procured liability insurance on the vehicle from Nationwide. She also changed the address on her operator’s license to reflect her Northern Virginia location.

Anna left home in the summer of 1988 to attend High Point College in North Carolina, leaving behind “[n]othing important.” After one semester at High Point, following her eighteenth birthday, Anna moved to Northern Virginia, transferred to George Mason University, and went to live with Mary Catherine in the Springfield townhouse. Although she did not plan to live “forever” with Mary Catherine, she never intended “to move back to [her mother’s home].”

Anna acquired a car before she entered High Point College “with money that was in [a] trust” created by her paternal grandfather. Although the vehicle was originally titled in her mother’s name, Anna changed the title to her name after she moved to Northern Virginia and also changed her operator’s license to show her Northern Virginia address. On her own, she procured liability and collision coverage on the vehicle through an agent in Northern Virginia.

When Anna moved in with Mary Catherine, the two sisters signed a new lease on the townhouse. They divided the expenses for the rental of the house as well as the utilities, with assistance from other ’ students who shared the living quarters from time to time, except that Mary Catherine’s boyfriend offered little financial help during the time he lived with her.

Both young women worked full time as waitresses at local restaurants while attending George Mason University, and both had checking accounts in Northern Virginia banks. The trust fund created by their paternal grandfather paid their tuition and part of the rental expense of the townhouse. Other relatives also assisted; a cousin paid for their school books, and their grandmother gave them some furniture.

[5]*5Mrs. Phelps did not assist Anna and Mary Catherine financially, except for a loan she made to Mary Catherine for a deposit on the townhouse. Although Mrs. Phelps had no control over the trust fund and put no money in it, she handled all the communications with the trustee concerning the benefits to be paid to Anna and Mary Catherine. She also received from George Mason University information concerning her daughters’ grades.

After Anna and Mary Catherine left home, Mrs. Phelps arranged with an accountant for the preparation of their income tax returns. However, on her own returns for the years 1988 and 1989, prepared by the same accountant, Mrs. Phelps claimed Anna and Mary Catherine as dependents, listing them on the returns as living with her twelve months of the year. She explained on the witness stand that her accountant “said as long as [Anna and Mary Catherine] were students [she] could claim them.”

As part of her employment with a food chain, Mrs. Phelps received health and medical insurance coverage that also provided protection for Anna and Mary Catherine as long as they remained students. This insurance covered the cost of treatment Anna received for an eye problem and for the injuries she suffered in the accident of June 10, 1989.

Mrs. Phelps objected, without effect, to Anna’s transfer to George Mason University because she believed Anna should not make a change so early in her college career. Mrs. Phelps also objected, without avail, to Mary Catherine’s living arrangement because she “didn’t approve of the young man [Mary Catherine] had staying with her at the time.” Although she let her daughters know how she felt about their behavior “[f]or a short time” following their departure from home, “[a]fter a while [she] didn’t say anything because [she] knew they knew what [she] felt.”

The two daughters continued to visit their mother, although not always at the same time. Anna went home “[m]aybe once a month . . . for a week end or holiday” and for two weeks at Christmas.

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Shiflette v. Bates
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Bluebook (online)
426 S.E.2d 484, 245 Va. 1, 9 Va. Law Rep. 713, 1993 Va. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-farm-mutual-automobile-insurance-va-1993.