Travelers Property Casualty Insurance Company v. Kamesha Davis

Court of Appeals for the Eleventh Circuit·Decided August 18, 2026·No. 24-13310·Unpublished

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

No. 24-13310

TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Plaintiff-Appellant,

versus

KAMESHA DAVIS, Defendant-Appellee.

Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 1:23-cv-00029-LAG

Before JORDAN, JILL PRYOR, and KIDD, Circuit Judges. JILL PRYOR, Circuit Judge:

This appeal concerns an insurance dispute between Kamesha Davis and Travelers Property Casualty Insurance Company . After being injured in a two-car automobile accident, Davis

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2 Opinion of the Court 24-13310

filed a lawsuit in Georgia state court against the owner and driver of the other car. She sought uninsured motorist coverage under a Travelers automobile insurance policy held by her mother, Theresa Davis. 1 Travelers then filed this action in federal court seeking a declaration that Kamesha, who was not a named insured on the policy, did not qualify as a “resident relative” of Theresa’s household and thus was not entitled to coverage. Though Kamesha was living at one of several houses Theresa owned, Travelers maintained that Kamesha was not a resident there and had not merged households with her mother.

The district court granted summary judgment to Kamesha.

Travelers appealed. After careful review, and with the benefit of oral argument, we affirm in part and reverse in part. We agree with the district court that Kamesha was a resident of the property Theresa owned. But we conclude that a genuine dispute of fact remains about whether Kamesha was part of her mother’s household. We therefore reverse in part the grant of summary judgment to Kamesha and remand for further proceedings.

I. BACKGROUND

Kamesha was in an automobile accident on December 25, 2020. She was driving a 2011 Hyundai Sonata when another car attempted to make a left-hand turn across her lane, and the two cars

1 Because Kamesha and her mother share the same last name, we refer to each

by her first name.

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collided. Kamesha suffered leg and ankle fractures, as well as lacerations to her face and body. At the time, she was staying at a house owned by her mother, Theresa.

Kamesha filed a lawsuit in Georgia state court against the driver and owner of the other car. She alleged that the driver was negligent in operating the car and that the owner was negligent in entrusting her car to the driver. Kamesha sought compensation for her injuries, pain and suffering, mental anguish, lost wages, loss of earning capacity, medical expenses, and any other damages “permissible under Georgia Law.” Doc. 1-2 at 7. 2 Although the driver of the other car had insurance, the policy had a per-person bodily injury limit of $25,000.

Kamesha then sought coverage from Travelers under her mother’s automobile insurance policy, demanding payment of $83,830.92 in medical expenses and additional damages for her continuing treatment. 3 This policy, valid for the period June 30, 2020,

2 “Doc.” numbers refer to the district court docket numbers.

3 Before oral argument, we raised sua sponte the question of whether the

amount-in-controversy requirement for diversity jurisdiction was satisfied. To determine whether the amount-in-controversy requirement is satisfied when a plaintiff seeks declaratory relief, we look at “the monetary value of the object of the litigation from the plaintiff’s perspective.” Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003) (citation modified). As the party seeking to invoke federal jurisdiction, Travelers “bears the burden of proving by a preponderance of the evidence that the claim on which it is basing jurisdiction meets the jurisdictional minimum.” Id. We conclude that Travelers has satisfied this burden. The record shows that before filing suit Kamesha demanded at least $83,830.92 in damages from

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to June 30, 2021, was in force when the accident occurred. It listed Theresa as the sole named insured. Not only was Kamesha not a named insured, but she also was not listed as a covered driver. And although the policy listed two covered vehicles, the 2021 Hyundai Sonata that Kamesha was driving during the accident was not one of them. But the policy provided $100,000 in additional uninsured motorist coverage for any “resident relative.” The policy defined “resident relative,” in relevant part, as “a person related to [the policyholder ] by blood, marriage or adoption who is a resident of [the policyholder’s] household.” Doc. 15-3 at 11.

After being served in Kamesha’s state court action, Travelers brought this declaratory judgment action in the district court for the Middle District of Georgia.4 It asserted that Kamesha was not a “resident relative” under the policy, and therefore it did not have to provide uninsured motorist coverage to her for the December 25 accident and had no duty to pay any judgment entered in her favor in the underlying state court action.

In the declaratory judgment action, the parties conducted discovery on Kamesha and Theresa’s living situation at the time of

Travelers. The policy’s $100,000 limit on uninsured motorist coverage would, in theory, allow her to recover that amount. Because Kamesha sought more than $75,000 from Travelers, and the policy limit theoretically would allow her to recover that amount, the amount in controversy required for diversity jurisdiction has been satisfied. 4 The underlying state tort action was stayed pending the outcome of this de-

claratory judgment action.

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the accident. Kamesha and Theresa both gave deposition testimony about the location of Theresa’s household, whether Kamesha was residing in that household, and the extent of Kamesha and Theresa’s interdependence in their living arrangement. Theresa was questioned about two properties she owns. The first is a house at 257 Highway 308 in Plains, Georgia (“Highway 308”), which she built in 2010. The other is a house in Americus, Georgia, located at 503 East Jefferson Street (“503 East Jefferson”). Theresa inherited 503 East Jefferson. She testified that she “grew up [there]” and had lived there “[a]ll [her] life.” Doc. 16-7 at 18. On the Travelers policy, 503 East Jefferson was listed as Theresa’s address.

When the accident occurred, Theresa was running an assisted living facility out of 503 East Jefferson. She testified that she would often sleep there because someone had to manage the facility 24 hours a day. But she would “go home every weekend, every other weekend” to Highway 308. Id. at 19. Kamesha testified similarly that her mother would “split her time” between Highway 308 and 503 East Jefferson, where she ran her business. Doc. 16-8 at 22. Kamesha suggested that her mother spent as much as half her time at Highway 308, not just weekends.

Kamesha testified that in the fall of 2020 she was planning to move to Jacksonville, Florida, to get a job as a phlebotomist. Although there is no evidence that Kamesha had rented a place to live in Jacksonville or finalized the details of her move, the record shows that she was approved in October 2020 for subsidized housing there. At the time, Kamesha was living at 414 South Hampton

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Street in Americus. Shortly after receiving the subsidized housing approval, she informed her landlord that she would be moving out. But she had to delay her move because she contracted COVID-19 and needed to quarantine. Kamesha moved out of the house at 414 South Hampton Street on November 16 and temporarily stayed with her boyfriend in Americus while completing her quarantine .

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