Risk Management Division of the General Services Department ex rel. Apodaca v. Farmers Insurance

OPINION

CASTILLO, Judge.

{1} This case presents an issue of first impression: whether a foster child is a “resident” of the foster home for the purposes of the resident exclusion in a homeowner’s insurance policy. The district court, determining that foster child Emeterio Garcia was a resident of the home of his foster parents, James and Kathy Apodaea (Apodacas), granted summary judgment to the insurance carrier, Farmers Insurance Company of Arizona (Farmers). We reverse the summary judgment and remand for further proceedings.

I. BACKGROUND

{2} The undisputed facts in the record are that: (1) on…