stating that an un-emancipated minor is a legal resident of his father’s home, despite the lack of his physical presence in his father’s home
How later courts described this case
- stating that an un-emancipated minor is a legal resident of his father’s home, despite the lack of his physical presence in his father’s home
- holding that while an unemanci-pated minor was absent from his parent’s home, that absence could only be considered temporary
- “Even though a ... child might have several residences, despite the fact that he has one domicile, the legal residence of an unemancipated minor ... is that of his [custodial parent] unless changed by law. This is reasonable and understandable because ... the [custodial parent] has numerous ofoli-gations to [the] child [including his support and maintenance], is vested with parental authority, and is responsible in great measure for his actions.”
Written by the judges who cited it.
Distinguished
Distinguished by Fidelity General Insurance Company v. Ripley, 228 So. 2d 238 (1970)
In urging reversal of the lower court's decision, counsel for Fidelity contends that the case of Taylor v. State Farm Mutual Automobile Insurance Company et al., 248 La. 246, 178 So.2d 238, relied upon by the lower court is distinguishable from the case at bar; and further contends that the case of Bannerman v. St. Paul Mercury Indemnity Company, 144 So.2d 167 (La. App. 1 Cir. 1962), should be controlling here.
The opinion
HAWTHORNE, Justice
(dissenting).
Under the undisputed facts of this case Daniel Taylor is not an insured within the clear and unambiguous provisions of the policy issued to his father, Garnie Taylor, a resident of Camden, Arkansas.
The pertinent provisions of the policy read:
“* * * * the unqualified word 'insured’ includes (1) the named in *267 sured, and also includes (2) his relatives * * *.
“ ‘Relative’ means a relative of the named insured who is a resident of the same household.”
The facts disclose that Daniel Taylor left his father’s home in Camden, Arkansas, to get a job and earn his own living, and at the time of the accident he was working with and for his uncle, Archie Taylor, in whose home he lived at Pineville, Louisiana; and it was his intention to remain with his uncle for an indefinite period.
Under these facts Daniel was not a resident of the “household” of the named insured, Garnie Taylor. The word “household” has a definite and unambiguous meaning, as follows:
“Household * * * 2. Those who dwell under the same roof and compose a family * * Webster’s New International Dictionary (1938).
The majority has completely written out of the contract of insurance the term “household”.
I respectfully dissent.