The 19-year old son of a couple insured with a homeowners policy was riding a skateboard while walking his dog. He accidentally knocked down a woman from behind, who was out for a walk with her husband. The woman sustained injury and was hospitalized, resulting in considerable medical expenses. The injured woman made legal demands against the son and his parents, who turned the demand over to their homeowners insurer.

The homeowners insurer denied coverage based upon the fact that the son was an emancipated adult and had his own residence for at least six months. Although the son used his parents address as his mailing address, stored some of his personal items at their home, and occasionally spent the night, the son was self-supporting as far as rent, food, car, and taxes.

In the meantime, a judgement was awarded to the injured woman, against the son for over $123,000. The son and his parents filed a state court action against the homeowners insurer.

The court found that the son was not an insured person because he did not physically reside with his parents and a decision was rendered in favor of the homeowners insurer.

(Freudenberger et vir., Plaintiffs v. Allstate Ins. Co. et al., Defendants. SDCal. No. 96-0452-IEG (LSP). September 19, 1996. CCH 1997 Fire and Casualty Cases, Paragraph 6145.)