"Family member" was defined in an insured's automobile policy as "a person related to the insured by blood, marriage or adoption who is a resident of the insured's household."

A son, who maintained an apartment in New York City, was injured in an automobile accident and made claim for uninsured motorists coverage benefits under his father's policy. The insurer denied liability on the ground that the son was not a member of his father's household. The young man sued to recover the benefits.

Trial court judgment, finding the insurer not obligated to pay the benefits, was appealed by the son. He argued that he was a resident of his father's household because he stored some of his belongings in his parents' New Jersey home and spent the night there occasionally.

The insurer stressed that it was established that the named insured's son resided more than 80% of the time at his New York apartment and, accordingly, was not a "family member" to whom his father's policy extended coverage. The appeal court agreed.

The judgment of the trial court was affirmed in favor of the insurance company and against the claimant.

(AETNA CASUALTY AND SURETY COMPANY, Appellant v. ANDREW GUTSTEIN. Court of Appeals of New York. June 4, 1992. 599 North Eastern Reporter 2d 672.)