Senn v. State Farm Mut. Auto. Ins. Co.
| Decision Date | 17 February 1956 |
| Citation | 287 S.W.2d 439 |
| Parties | Leonard SENN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
C. Maxwell Brown, Louisville, for appellant.
Edward J. Hogan, Joe H. Taylor, Louisville, for appellee.
The appellant, Leonard Senn, procured a judgment for $2,640.10 against his brother, Elmer Senn, for injuries received in an automobile accident caused by the latter's negligence. Flmer was insured under a liability policy issued by the State Farm Mutual Automobile Insurance Company (hereinafter referred to as the Company). The Company refused to defend the prior suit and did not pay the resulting judgment, relying upon an exclusion contained in the policy which disclaimed liability for bodily injuries suffered by the insured or certain members of his family. Leonard then instituted this action against the Company. No question of the Company's duty to defend is involved in this case.
The Company made a motion for summary judgment, supported by depositions of the appellant, his mother, father, and his brother, Elmer. The trial court concluded that no genuine issue of material fact was presented and that the Company was entitled to judgment as a matter of law, and therefore sustained its motion for a summary judgment. The appeal is taken from that order.
The exclusion relied upon by the Company specifically excluded any liability for bodily injuries received by the insured or 'any member of the family of the insured residing in the same household of the insured.' The undisputed facts show that Elmer took out the policy while he was in military service. At the time of the accident he was on furlough, visiting the home of his mother and father, in Louisville. Leonard was then living in their home.
Prior to entering service Elmer lived at his parents' home, except for a few months when he worked on his cousin's farm at Valley Station. Thereafter he returned to his parents' home. Three months later he entered the Air Force. After his discharge from military service he returned to his parents' home, and had resided there continuously until the time this action was filed. His affidavit stated that he had been emancipated about eight years, and during that time had been paying board to his parents.
Leonard stated that he was living with his mother and father at the time of the accident. He had lived there since his discharge from the Army. Except for an eight month period spent on...
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