Part-time Resident Son's Vehicle “In the Care of” Insured Father?

January 25, 2010

In the Texas auto policy at issue, “family member” means a person related to you by blood, marriage, or adoption who is a resident of your household and who is listed as an authorized driver in the application .This includes a ward or foster child.
Under the liability exclusions, the policy does not provide liability coverage for any “insured”
2- For “property damage” to property owned or being transported by that “insured”.
3- For “property damage” to property
a-Rented to
b- Used by; or
c- In the care of;
that “insured”.
Our named insured is Larry. His vehicle slipped gear and rolled into his son Brad's vehicle at Larry's home. 
Brad is a part-time resident at Larry's household but is not listed on the application for insurance for Larry. Brad works on pipelines and is gone for varied amounts of time, but his permanent address is and has always been that of Larry. Larry and his wife keep Brad's vehicle in their garage while he is away, and they are both listed as drivers on his dec page. Also, they drive the vehicle occasionally to keep things running smoothly, and there are two sets of keys left at their home even when Brad is out of town. The parents also perform routine maintenance on the vehicle if needed while Brad is out of town. However, if Brad is in town he takes care of the vehicle.