In a recent appellant opinion from the Superior Court of Pennsylvania known as Kaylor v. Donegal Mutual Insurance Company No. 1068 WDA 2012 published March 19, 2013, the Superior Court held that an insured’s mother, who was staying at a personal care facility when she was involved in an automobile accident, was not considered to be a “resident relative” as defined by the motor vehicle insurance policy.
On appeal to the superior Court, the Court held that under the facts of the case “common sense” dictates that Kaylor is a resident of the household for underinsured motorist coverage despite the fact that she was living at a personal care facility at the time of her accident and not at the home.
The Court went on to note that the insurer in this case, Donegal Mutual Insurance Company, could have had more restrictive language and could have defined “resident” in the policy but it did not. Therefore the mother was entitled to coverage under the son’s policy.
One would think that the same logic would apply to uninsured or underinsured motorist coverage if the insured’s mother was seeking to obtain UM/UIM benefits in a motorcycle accident compensation claim under any motorcycle policy that the son may have had at the time of the mother’s accident as well.
At some point I am sure we will see that factual scenario and hopefully the Court deciding the issue will use the Kaylor v. Donegal Mutual Insurance Company case as a point of reference.
If you have been in a Pennsylvania motorcycle accident, and need help with a motorcycle accident compensation claim, experienced motorcycle accident attorney Lee D. Gaber, Esquire offers free motorcycle accident consultations at his office or your home.
We even come to your hospital room if have not yet been released. Call The Cycle Attorney at 888-cycle-law for a free consultation.