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Conflicting Domicile Factors Show a Question of Fact

Motor Vehicle Litigation / May 23, 2023

To determine whether an individual was domiciled in the same household as an insured, courts weigh four factors, including 1) intent, 2)formality of relationship with members of the household; 3) whether the location is the same house, curtilage or premises, 4) and if the person had another place of lodging. [Workman v Detroit Auto Inter-Ins Exchange, 404 Mich 477, 496-497 (1979).] However, more factors are at play when considering whether a young person has departed a parent’s home and established a new domicile, including whether the claimant continues to use his parents’ home as his mailing address, whether he maintains some possessions with his parents, whether he uses his parents’ address on his driver’s license or other documents, whether a room is maintained for the claimant at the parents’ home, and whether the claimant is dependent upon the parents for support. Dairyland Ins Co v Auto Owners Ins Co, 123 Mich App 675, 681 (1983), Farm Bureau Gen. Ins. Co. of Michigan v State Farm Mut. Auto. Ins. Co., No. 358675, 2023 WL 2144738, at *2–3 (Mich. Ct. App. Feb. 21, 2023).

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