Was adult son a resident of estranged dads household?
On September 13, 2000, Harold Carter and Kalie Martell were injured in an automobile accident. They were passengers in a Ford Taurus owned by Michael Morel and driven by Morel’s adult son, Michael, Jr., who died in the accident. Carter and Martell filed claims against his estate. Michael, Sr., had a personal excess liability policy issued by Metropolitan Property and Casualty Insurance Company. A Massachusetts Superior Court judge found that this policy provided, through Michael, Jr.’s estate, coverage for Carter and Martell’s injuries. The principal question was whether, at the time of the accident, Michael, Jr., resided in his father’s “household” even though Michael, Sr., lived apart from the family home occupied by his wife and sons. Since 1992, Michael, Sr., had purchased and renewed both primary and excess insurance from Metropolitan covering his home in Hudson and various automobiles. In 1996, Michael, Sr., and his wife separated. Michael, Sr., rented a single-family house in Hu