In a recent district court case in West Virginia, the court reached an opinion, which demonstrates the absolute importance of understanding the terms of your car insurance policy.
In the case, Lewis v. Likens, Dist. Court, SD W. Va. (2013), an elderly resident of an unlicensed nursing home facility was being driven by a volunteer of the home when the driver pulled out in front of a UPS tractor trailer, causing a collision that killed the resident.
The decedent’s daughter filed a lawsuit following the accident, alleging the volunteer’s liability for her wrongful death, and alleging that her own uninsured motorist policy should cover her mother, and that she sought to collect under that policy. She additionally sought a declaration that her mother resided primarily with her at the time of the collision, and that thus she would be covered by the terms of the policy.