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eBook details

• Title: Wolf v. League General Insurance Co.
• Author : Washington Court of Appeals
• Release Date : January 18, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

GROSSE, J. -- Cheryl Wolf was on vacation with her daughter, Christina Wolf, when the car Christina was driving went off the road. 1 Christina's parents, Cheryl and David Wolf, are divorced but have joint custody of their daughter. Cheryl Wolf and Carmel Drewes, a passenger in the auto at the time, 2 filed claims against League General Insurance Company (League), the insurer of David Wolf, claiming Christina was covered under his policy. The claims were denied and this litigation ensued. League's policy provides that insured persons under its policy include relatives who, in turn, are persons living in the insured's household. We hold that, given the language of this policy, and in the circumstances of this case where divorced parents have joint custody with the child living with both as an integrated family member, the child must be considered as living in both households for purposes of insurance coverage. Christina's parents were divorced in 1989. Since then they have shared joint custody of their daughters Christina and Lisa. David is an active participant in his children's lives. He purchased a home close to the one he once shared with his family, and furnished a bedroom for his daughters there. The visitation schedule was such that the daughters stayed with their father every other weekend and for five to six weeks in the summer. The evidence showed that as the girls got older, although most of their clothes went back and forth, there were furnishings, hair dryers, cosmetics, shampoo, and other possessions that remained at David's house.

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