LeRoux v. Edmundson, 40134

• Decision Date: 24 February 1967
• Docket Number: No. 40134,40134
• Citation: 276 Minn. 120,148 N.W.2d 812
• Parties: Marcel L. LeROUX, Appellant, v. James EDMUNDSON, Defendant, State Farm Mutual Automobile Insurance Company, garnishee, Respondent.
• Court: Minnesota Supreme Court

Page 812

148 N.W.2d 812

276 Minn. 120

Marcel L. LeROUX, Appellant, v. James EDMUNDSON, Defendant State Farm Mutual Automobile Insurance Company, garnishee, Respondent.

No. 40134.

Supreme Court of Minnesota.

Feb. 24, 1967.

Syllabus by the Court

Where an automobile liability policy excludes coverage for bodily injury to 'any member of the family of the insured residing in the same household,' stepchildren of the insured living in his household under the circumstances of this case are included within the class of persons excluded by the clause.

Miley, Nord & Webster, and Thomas J. Burke, St. Paul, for appellant.

Murnane, Murnane, Battis & deLambert, St. Paul, for respondent.

OPINION

ROGOSHESKE, Justice.

Appeal from a judgment entered against the plaintiff, Marcel L. LeRoux, and in favor of the garnishee, State Farm Mutual Automobile Insurance Company.

The issue presented arises out of an accident involving two automobiles, one driven by Marcel LeRoux and the other driven by James Edmundson, the insured of State Farm Mutual Automobile Insurance Company.

Riding in the Edmundson automobile were two children, Cheryl and Sandra Ellsworth, when the accident occurred while Edmundson was taking a friend of Sandra's home. The children sustained personal injuries and each brought an action against both drivers. A consent judgment was entered against both drivers in the amount of $8,500 for both cases. LeRoux paid that judgment in full, then sued James Edmundson for contribution. A jury found that LeRoux was entitled to contribution of $4,250 from Edmundson. Thereafter, evidence was submitted for determination by the court of State Farm's liability to plaintiff under its liability policy issued to Edmundson. Upon findings adverse to plaintiff, the court dismissed plaintiff's garnishment action. We affirm.

The insurance contract between State Farm and Edmundson contained the following provision:

'This insurance does not apply under:

'(g) coverage A * * * to bodily injury to the insured or any member of the family of the insured residing in the same household as the insured.'

State Farm defended on the ground that Cheryl and Sandra Ellsworth came within this provision and thus were excluded from coverage. It was agreed between the parties that the insured and the two injured girls resided in the same household. In order to determine whether the girls were also 'member(s) of the family' of James Edmundson at the time of the accident, testimony was taken concerning the rather unusual circumstances then existing in the Edmundson household.

Elaine and James Edmundson were married on September 21, 1957. Prior to the marriage, Elaine had been living with Clarence Ellsworth, whom she has never married. During this period Ellsworth was married to another woman and not divorced. At the time of her marriage to Edmundson, Elaine was the mother of six children, including Cheryl and Sandra, all of whom were born out of wedlock, the paternity of all being acknowledged by Ellsworth. Sandra, who was 10 at the time of the accident, is the second oldest of the children and Cheryl, who was about 3, is the youngest. After their marriage in 1957, Elaine and Edmundson lived together with the six children in one household, first for approximately 2 years in St. Paul (during which two children of their marriage were born) and thereafter in White Bear in homes they were purchasing as joint tenants.

Although divorced at the time of the trial in November 1964, Elaine and Edmundson and the eight children were living together in White Bear on September 17, 1960, the date of the accident. During the years of their marriage, James Edmundson was regularly employed and gave all except $15 of his $85 weekly earnings to Elaine each payday. She paid nearly all the bills and ran the household. Elaine testified that Ellsworth also made regular payments to her for support of the children. He apparently contributed about as much as Edmundson and also occasionally bought clothes for the children. Ellsworth was a frequent visitor in the Edmundson household, visiting at least once a week and often-times every other day. He was on friendly terms with Edmundson, helping him remodel the kitchen and basement and make other repairs to the White Bear home. Edmundson exercised some discipline over all of the children, but major disciplinary problems were handled by Elaine and, at times, by Ellsworth. Edmundson took the entire family on vacations, and both men often took the children for rides. The Ellsworth children continued to use his surname and regarded and referred to him as their father. They regarded Edmundson more as an uncle than a father, addressing him as 'Jim' or 'Uncle Jim.'

Since the parties have agreed that Sandra and Cheryl were residing in the same household as James Edmundson, the only issue on this appeal is whether the girls were members of his family within the contemplation of the parties to the insurance contract.

Words used in an insurance contract, as in any other contract, are to be given the natural and ordinary meaning which they convey to the popular mind. Where there is ambiguity, and doubt as to the meaning must be resolved favorably to the insured. Simon v. Milwaukee Auto. Mutual Ins. Co., 262 Minn. 378, 115 N.W.2d 40.

The word 'family' has many different common meanings and perhaps as many legal definitions as...