State Farm Mut. Auto. Ins. Co. v. Ruiz

952 P.2d 157
CourtWashington Supreme Court
DecidedMarch 16, 1998
Docket65056-0
StatusPublished
Cited by29 cases

This text of 952 P.2d 157 (State Farm Mut. Auto. Ins. Co. v. Ruiz) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Mut. Auto. Ins. Co. v. Ruiz, 952 P.2d 157 (Wash. 1998).

Opinion

952 P.2d 157 (1998)
134 Wash.2d 713

Certification From the United States Court of Appeals for the Ninth Circuit in STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Appellant,
v.
Beatriz A. RUIZ; Jose M. Ruiz, wife and husband; Aurora A. Apusen, a single person, Appellees.

No. 65056-0.

Supreme Court of Washington, En Banc.

Argued October 15, 1997.
Decided March 12, 1998.
As Amended March 16, 1998.

Reed McClure, Michael S. Rogers, Seattle, for Appellant.

Levinson, Freidman, Vaugen, Duggan & Bland, Robert M. Kraft, Seattle, for Appellees.

*158 ALEXANDER, Justice.

The Ninth Circuit Court of Appeals has certified the following question to this court:

Under an insurance policy that defines "relative" as "a person related to [the insured] by blood or adoption who lives with [the insured]," does a temporary visit for a vacation, planned to last approximately five weeks and no longer, constitute" living with" the insured?

Order, United States Court of Appeals for the Ninth Circuit, No. 95-35942, at 7 (Nov. 8, 1996). Considering that question in light of the facts set forth in that court's order and amplified in the briefs of the parties, we answer the question in the affirmative.

Beatriz Ruiz and Aurora Apusen, citizens of the Republic of the Philippines, are sisters. Ruiz immigrated to the United States in 1992 and thereafter applied for United States citizenship. She and her husband own a house in California where they permanently reside. In 1994, the Ruizes filed federal and California income tax returns in which they listed their California home as their residence. They also own two vehicles that are registered in California and they maintain a bank account in that state.

Aurora Apusen is a widow. She has not applied for United States citizenship, nor does she have permanent resident status in this country. Apusen traveled to the United States in March 1994, first visiting the Ruizes in California. While in that state she obtained a state of California identification card.

On May 3, 1994, Beatriz Ruiz and Aurora Apusen traveled together to this state to visit another sister, Elsie Miranda, a married woman. Both women stayed with Miranda and her husband at the Mirandas' home in Seattle from May 3 through June 6. During their stay in Seattle they bathed, maintained their clothes and personal items, and received mail at the Mirandas' home.

Ruiz and Apusen have each said that their trip to Seattle was in the nature of a vacation. They both indicated, additionally, that they did not intend to become permanent residents of the Miranda household and that they had planned to return to California on June 10, 1994. Unfortunately for Ruiz and Apusen, on June 6, 1994, they suffered injuries while they were traveling in this state as passengers in a van driven by Eleazar Llera, Elsie Miranda's friend.

After the accident, Ruiz and Apusen each made a claim for underinsured and first party benefits under an insurance policy that Miranda and her husband maintained with State Farm Mutual Automobile Insurance Company (State Farm). This policy provides underinsured and first party coverage for "the first person named" and "you" (the Mirandas) as well as persons who fall within the definition of a "relative" or "relatives" of the Mirandas. Excerpt of R. of Appellees at 13-6, 13-7. The policy defines a "relative," in relevant part, as "a person related to you by blood or adoption who lives with you." Excerpt of R. of Appellees at 13-7.

State Farm did not dispute Ruiz and Apusen's assertions that they were related to Elsie Miranda by blood. It did, however, deny them coverage on the basis that they were not living with the Mirandas at the time of the accident.

State Farm then commenced an action against Ruiz and Apusen in King County Superior Court, seeking a declaratory judgment that Ruiz and Apusen were not covered by the Mirandas' policy with State Farm. Ruiz and Apusen sought and obtained an order removing State Farm's cause of action to the United States District Court. United States District Court Judge William Dwyer thereafter granted their summary judgment motion, concluding, as a matter of law, that Ruiz and Apusen were "living with" the Mirandas and, thus, covered under the State Farm policy. State Farm appealed that decision to the Ninth Circuit Court of Appeals which certified to this court the question we have set forth above.

State Farm asserts that the answer to the certified question is no. It contends that the words "lives with" or "living with" are synonymous with "resides with" or "residing with," terms which imply a long-term living arrangement.

*159 Br. of Appellant at 12. According to State Farm, persons like Ruiz and Apusen who temporarily visit a relative for approximately five weeks do not "live with" or "reside with" that relative. Br. of Appellant at 10.

Ruiz and Apusen disagree with State Farm, indicating that we should answer the certified question yes. They contend that because the terms "residing" and "lives with" appear in different provisions in the policy, it follows that the terms have different meanings and thus, are not synonymous. They argue, additionally, that the term "lives with," as used in this policy, unambiguously means "living or dwelling in fact whether or not permanently or continuously." Br. of Appellees at 5. According to Ruiz and Apusen, they were in fact living with the Mirandas during their five-week stay in the Miranda's home. Finally, they contend, that even if the term "lives with" is deemed ambiguous, it should be given the construction most favorable to them. Br. of Appellees at 7.

In responding to the certified question, we observe, first, that because the pertinent clause provides for coverage to persons who are included in the definition of relative, it is an inclusionary clause. See, e.g., Tokley v. State Farm Ins. Cos., 782 F.Supp. 1375, 1378 (1992) (holding that the definition of "relative" is a provision that defines the persons to whom coverage is extended, as opposed to defining persons excluded from coverage, and is therefore an inclusionary clause). As a general principle, courts must liberally construe inclusionary clauses in insurance policies in favor of coverage for those who can reasonably be embraced within the terms of the clause. Pierce v. Aetna Cas. & Sur. Co., 29 Wash.App. 32, 36, 627 P.2d 152, review denied, 95 Wash.2d 1032 (1981). Consequently, in deciding whether or not persons, like Ruiz and Apusen, who temporarily visit an insured to whom they are related by blood for five weeks are included within the policy definition of a "relative," we are obliged to place a liberal construction on that term. With that principle in mind, we discuss hereafter, the issues presented by the certified question.

1. Is the Term "Lives With" Synonymous with "Resides With?"

In support of its argument that the term "lives with" is synonymous with "resides with," State Farm notes that the former term is not defined in the policy. It, therefore, directs our attention to two dictionaries as aids in discerning the plain, ordinary, and popular meaning of the term "live." See Boeing Co. v. Aetna Cas. & Sur. Co., 113 Wash.2d 869, 877,

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Bluebook (online)
952 P.2d 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mut-auto-ins-co-v-ruiz-wash-1998.