A.G. Ex Rel. Waite v. Travelers Insurance

The broader issue in this case is whether a foster child placed in a foster home is a “resident” of that household for insurance purposes. We decide that the child can be so delineated, but it often depends on the circumstances of each case. Here, we affirm summary judgment because, under the facts of this case, the foster child was a resident of the household as a matter of law.

Before reciting the facts, some overview of pertinent case law is warranted. Homeowner’s insurance policies often cover liability for injury to third persons. These same policies frequently exclude coverage for…