See the full video at https://youtu.be/X94jiAiWabA  Insurance companies often see disputes about the terms "domicile" and "residence". It is therefore important that everyone in the insurance industry must understand the meaning and application of the terms and conditions of insurance claims and how they relate to individuals and companies that are insured or insurers.
Definition of domicile
A Although a person may have more than one dwelling, he or she may only have one domicile at a time. [ Nat & # 39; l Artists Mgmt. Co. v. Weaving 769 F. Supp. 1224, 1227 (S.D.N.Y. 1991)]. Housing is originally established at birth and is assumed to continue in the same place, without sufficient evidence of a change. To bring about a change of residence, two things are indispensable: First, to live in a new residence; and secondly, the intention to stay.
If a person is domiciled in a particular place, that place remains his place of residence whenever he is absent as long as he intends to return. In deciding courts, consider factors such as voting rights, employment, current residence, location of real estate, location of spouse and family, driver's license, car registration, tax payment and addresses and location of a person's bank account and doctor.  Residence does not necessarily correspond to domicile (which is the definition of citizenship for diversity jurisdiction). [ Grandinetti v. Uber Techs., Inc. No. 19 C 05731, 2020 WL 4437806, at * 4 (ND Ill. August 1, 2020).]
Housing is usually determined by determining:
- the state where the policy was formed and issued;
- residence and domicile of the parties to the accident;
- residence and domicile of the parties to the insurance contract;
- the state where each vehicle was mainly parked or registered,
- the state where treatment for resulting damage was provided; and
- the reasons why each party and vehicle was in the condition in which the accident occurred. [ Garces-Rodriguez v . GEICO Indem . Co ., 16-196 (La. App. 5 Cir. 21/12/16), 209 So. 3d 389, 394 (collect cases involving collisions in Louisiana and note that Louisiana courts "have often found that the state in which the insurance was issued had a greater interest in enforcing its laws than the state in which the accident occurred").
The role of the domicile of an insured company should be a dominant fact when it comes to the appropriate interpretation of an insurance contract. Under Illinois law, a company always has its registered office in its state. [ Martin v. Cent. Trust Co. of Ill ., 159 N.E. 312, 317 (Ill. 1927)].
Whenever a court is asked to decide the domicile of a person or company, it is generally determined as a matter of fact. However, where the underlying essential facts are not in question, the determination of domicile is a matter for the court.
Michigan courts have defined "residence" as the place where a person has his true, permanent, permanent home and principal place of residence, and to which he, whenever he is absent, intends to return. A person can only have one domicile, but more than one dwelling.
Michigan courts, like most states, apply a multifactor test where no factor is decisive in determining domicile. The Supreme Court of Michigan formulated four factors that should be considered when determining a person's domicile:
- the subjective or stated intention of the person to remain, either permanently or indefinitely or indefinitely, in the place he claims to be his "domicile" or "household";
- the formality or informality of the relationship between the person and the members of the household.
- if the place where the person lives is in the same house, within the same bend or on the same premises;
- the existence of another place of residence of the person
The New York Appellate Division has similarly repeatedly acknowledged that where the insured risk is spread across several states, courts in New York consider the risk to be primarily located in a state, namely, in the domicile of the insured at the time the insurance was issued, and has thus established that the State of domicile of the insured should be regarded as an ugly power for the insured risk's main investment. [ Some Insurers at Lloyd & # 39 ;s v. Foster Wheeler Corp ., 36 AD3d 17, 822 NYS2d 30, 35, 36 (1st Dep & # 39; t 2006).] New York Courts has noted that the state of the insured's domicile is a fact felt by the parties at the time of the procurement, and the application of that state's legislation is likely to be in line with their expectations. [ Brandmanens fondins. Co. v. Great Am. Ins. Co. of N.Y., 822 F.3d 620 (2nd Cir. 2016)]
In Michigan, the error question does not define the term "domicile". [ Grange Ins Co of Mich v Lawrence 494 Mich 475, 492; 835 NW2d 363 (2013).] The unequivocal language of the Law on No Fault simply states that a personal insurance policy covers accidental bodily injury to the person mentioned in the insurance, the person's spouse and a relative of either domicile in the same
In fact is the home, together with the purpose of making the place of residence his home, the essential parts of the home. [ Texas v Florida 306 U.S.C. 398, 424, 59 S.Ct. 563, 83 L.Ed. 817 (1939).]
Definition of dwelling
The controlling factor for determining dwelling, on the other hand, is the intention, which is mainly apparent from the documents, of the person whose dwelling is questioned. [ Farmers Auto Insurance Ass’n v. Williams, 213 Ill. App. 3d 310, 314 (2001), Direct Auto Ins. Co. v. Grigsby 2020 IL App (1st) 182642-U (Ill. App. 2020).]
In connection with exemptions for car insurance, residence is determined on a case-by-case basis using factors such as intent and relative permanence . [ Potter v. State Farm Mut. Car. Ins. Co. 996 P.2d 781, 783 (Colo App. 2000); Grippin v. State Farm Mut. Car. Ins. Co., 409 P.3d 529 (Colo. App. 2016)]
I Holland v Trinity Health Care Corp, 287 Mich App 524, 527-528; 791 NW2d 724 (2010), the court defined the verb "resident" as living permanently or for a long period of time to live. In this way, the Court explicitly stated that the definition of "resident" is not synonymous with the legal definition of "domicile", which may have a more technical meaning than is intended in the context of home insurance in the relevant insurance language. The term "resident" requires that the insured actually lives on the property.
However, a person may have a home that is not his or her domicile. Because "residence" and "residence" are usually in the same place, they are often used as if they had the same meaning. However, housing means living in a locality with the intention of making it a permanent and permanent home, while “housing” simply requires a physical presence as a resident in a given place. [ Fuller v. Hofferbert 204 F.2d 592, 597 (6th Cir.1953)] Thus a person can have several dwellings, but can only have one domicile. [ Grant v. Jones Ohio St. 506, 515 (1883)] The law attributes to each person a domicile and no person can be without one.
Housing usually means only bodily presence as a resident of a particular place. Housing may require actual physical presence on a permanent basis or physical presence temporarily with a primary residence elsewhere. The words "dwelling" and "resident" have no fixed meaning that is applicable in all cases, but are used in different and different meanings, depending on the subject, which forces a court to conclude that the term is ambiguous and must be interpreted in favor of the insured. [ Risk Management Div. v. Farmers Ins. Co., 75 P.3d 404, 134 NM 188, 2003 NMCA 95 (NM App. 2003)]
If an insurance does not contain a choice of statutory provision, the court considers the following factors to determine the law of jurisdiction applicable:
- the place of the subject;
- the place of delivery of the insurance policy;
- the domicile of the insured or insurer;
- the place of the last document to give rise to a valid insurance; and
- the place of performance or other place that has a rational relation to the general insurance policy. [ M. Sign, Inc. v Pennswood Partners, Inc. ., 40 NE3d 169, 180, 2015 IL App (2d) 121276-B, 396 Ill. December 516 (2015) (with reference to Lapham-Hickey Steel Corp. v. Protection Mut. Ins. Co., 655 NE2d 842, 845, 166 Ill. 2d 520, 211 Ill. December 459 (1995
When a liability insurance policy covers risks in several states, some states use "the insured's residence permit … as a power of attorney for the insured's principal location." [ Some underwriter at Lloyd & # 39 ;s, London v. Foster Wheeler Corp. 822 NYS2d 30, 35, 36 AD3d 17, 24 (2006), aff & # 39; d, 9 NY3d 928, 876 NE2d 500 (2007)] However, other states find that “the principal place of the insured risk may be in more than one condition. ”[ Cadell v. XL Specialty Ins. Co. 2012 WL 2359975, at * 2 (DNH 20 June 2012).]
If a policy covers risks in several States, the risk for each individual State is to be treated as if it were insured by a separate policy and the validity and rights under the multiple risk policy regarding that risk shall be governed by that ns lag. Where nationwide coverage is provided, the insurance's legitimate expectation that the insured risk is more important than the insurer's domicile or place of negotiation. When a major insurer issues a policy that is intended to be applied nationwide, it has no legitimate expectation that the law on its domicile will apply in other states.
© 2021 – Barry Zalma
his practice of serving as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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