Schenback v. United Frontier Mutual Insurance
Opinion of the Court
“A resident is one who lives in the household with a certain degree of permanency and intention to remain” (Canfield v Peerless Ins. Co., 262 AD2d 934, 934-935 [1999], lv denied 94 NY2d 757 [1999]; see Matter of State Farm Mut. Auto. Ins. Cos. v Jackson, 31 AD3d 1171, 1171-1172 [2006]). “The standard for determining residency for purposes of insurance coverage ‘requires something more than temporary or physical presence and requires at least some degree of permanence and intention to remain’ ” (Government Empls. Ins. Co. v Paolicelli, 303 AD2d 633, 633 [2003]; see Canfield, 262 AD2d at 934-935). Here, plaintiffs met their initial burden on their motion by establishing that Prutsman’s stay in their house was only temporary and that plaintiffs, Prutsman and his parents intended at all times that he return to the parents’ house to live (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition, United failed to raise a triable issue of fact (see generally Konstantinou v Phoenix Ins. Co., 74 AD3d 1850, 1851 [2010], lv denied 15 NY3d 712 [2010]; Matter of Prudential Prop. & Cas. Ins. Co. [Galioto], 266 AD2d 926, 926 [1999]). Present — Scudder, P.J., Smith, Fahey, Carni and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.