Is There Homeowners Coverage for Minor Children Who Leave Home?

The minor son of our HO-3 client recently moved out. He has expressed his intention not to move back home. We were wondering how the HO-3 would respond to claims by the son for his personal property and for any liability incurred by the son.

Illinois Subscriber

It would appear that the son needs his own insurance for his personal property and liability exposure. The father's HO-3 says that the word “insured” includes “residents of [his] household who are [his] relatives…” Since the son is no longer a resident of the father's household, we believe he has no coverage for either his personal property or personal liability under the father's policy. Of course, that may ultimately be a decision for a court in your jurisdiction.

 

A similar case occurred in Farmers Insurance Co. of Oregon v. Jeske, 971 P.2d 422 (1998). As with your customer, the insured's sixteen-year-old son had moved out. Even though the parents welcomed his visits, they made no effort to encourage or force him to move back in with them. They even went so far as to cancel his driver's license.

 

While living away from his parents, the boy accidentally shot and wounded a friend. The friend's parents sued the boy and his parents. The insurer denied coverage for the son, stating that he was not an insured under the policy because he no longer resided in his parents' household.

 

After reviewing the facts, the Oregon appellate court ruled in favor of the insurer. It said that the evidence showed that the son was not a permanent resident of the parents' household.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis