Poe v. American Insurance Co.

FRUGÉ, Judge

(dissenting).

Although I concur with the majority’s holding that defendant’s insured was not, under the facts of this case, negligent in failing to repair the latch on the window screen, I must respectfully disagree with the refusal of this court to allow recovery of medical expenses in the amount of $250.-00 under the medical payments provision of the homeowners policy.

The majority holds that plaintiff, Mrs. Poe, was “regularly residing” in the home of the insured within the meaning of the exclusionary clause. The facts show that Mrs. Poe and her husband had at times resided with…