Insurance Company of North America v. Estelle Stevens, Donald C. Stevens, and Mark O'neill, a Minor

John Bolen was insured by Insurance Company of North America. His nephew, O’Neill, while riding as a passenger on a motorcycle being operated by Bolen’s son, was injured when the motorcycle collided with an uninsured automobile. Insurance Company brought an action for declaratory judgment seeking a determination of its liability to O’Neill. In a non-jury trial, the District Court found that there was no coverage because, although O’Neill was a relation, he was not a resident in the same household of Bolen. We agree and affirm. 1

The facts were stipulated. The only dispute concerns the correct…