Son Living in Other Structure a Member of the Household?

November 7, 2010

I have a question on an HO 00 08 04 91. The insured's forty-two-year-old son lives at the same residence address but in a little efficiency apartment that is in a separate building behind the insured's house. He does not pay rent. This separate structure would be insured under the other structures coverage on the policy.

My question is would the son be considered an insured under the policy? The definition of “insured” includes you and residents of your household who are your relatives.

Would the son be considered a resident of the household? The son was injured on the property and is filing a claim.

Florida Subscriber

Your issue boils down to what exactly is a household. Merriam Webster Online defines “household” as “those who dwell under the same roof and compose a family; also: a social unit composed of those living together in the same dwelling.” How much of an efficiency apartment is the other structure? Does the son have cooking and laundry facilities, or does he do that at the main house? This makes a big difference in whether the son can be considered part of the household. Does he eat dinner with the folks regularly, or does he just stop by on occasion? He obviously gets his mail there, but how much time is spent with the folks? Does he have any possessions in the main house, or is all his stuff in the other structure? The son is not exactly inside the dwelling since he is living in the other structure in an efficiency apartment; it is part of the same property, but not really part of the same household. Whether he can be considered an insured depends on how much of his time is spent with the folks inside the house and whether any of his possessions are there.

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