Question from an IIABNY member: I insure a married couple whose son is a medical school student in Pennsylvania. He borrowed a car and was involved in an accident. My insureds' carrier is denying the claim on the grounds that he is not an insured because he no longer resides in the parents' household. I disagree; his parents help with his finances. They are concerned because he has a brother who will be starting college soon, and they wonder if he will be covered. What do you think?
Answer: The research I did revealed mix answers. Apparently, courts tend to find that a college student who receives family support and keeps most of his possessions in his parents' home and uses that home as his legal residence qualifes as an insured under the parents' policy. Conversely, they tend to rule that older, self-supporting students who have most of their stuff in their own apartments, are no longer insureds under their parents' policy.