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Simoneau v. State Farm Mutual Automobile Insurance Co.

Superior Court of Maine, Cumberland

September 2, 2015

MARIE SIMONEAU and BARBARA SIMONEAU, Plaintiffs
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Roland Cole, Justice Superior Court

Defendant State Farm Automobile Insurance Company moved for summary judgment contending that Plaintiff was not covered under her mother's insurance policy because she did not "primarily reside" with her mother at 108 Shore Road in Lyman, Maine. For the reasons discussed below, the Court finds that there are no material issues of fact and that Defendant is entitled to summary judgment pursuant to Maine Rules of Civil Procedure 7 and 56 on all of the counts in Plaintiffs' Amended Complaint.

The facts establish that Plaintiff Marie Simoneau did not "primarily reside" with her mother, Barbara Simoneau, at 108 Shore Road in Lyman at the time of the accident.[1]Indeed, Marie Simoneau testified that she lived with her fiance at 11 Powder Mill Drive in Kennebunk at the time. Therefore she was not insured under any of the policies the Defendant issued to her mother and cannot "stack" the UIM benefits from her own policy with the UIM benefits from one or more of her mother's policies. As a result, Plaintiff was insured to the same extent as the tortfeasor, Mr. Raymond Chappell ($100, 000), and is not entitled to UIM benefits under her policy.

I. Factual Background

Plaintiff was involved in an automobile accident while operating her 2005 Saab in Biddeford, Maine on March 15, 2011. (Def.'s S.M.F. ¶¶ 1, 2.) Plaintiff testified at her deposition that at the time of the accident she lived in a condominium at 11 Powder Mill Drive in Kennebunk, Maine. (Def.'s S.M.F. ¶ 3.) Plaintiff listed this address in her interrogatory answers and stated in her Amended Complaint that she is a resident of Kennebunk. (Def.'s S.M.F.¶¶18, 17.) Plaintiff testified at her deposition that she has lived at this address since 2005. (Def.'s S.M.F. ¶ 7.) Before 2005, Plaintiff lived at her parents' residence at 108 Shore Road in Lyman, Maine. (Def.'s S.M.F. ¶ 8.) Plaintiff testified that she stayed at her parents' house "at least three" times between 2005 and the date of the accident because of disagreements with her fiance, but then testified that she did not know how many times this occurred. (Def.'s S.M.F. ¶10.) She could not recall the last time she spent the night at her parents' house because of a disagreement with her fiance. (Def.'s S.M.F. ¶ 14.) She would occasionally stay with her parents for other reasons, such as to spend time with her parents and go camping. (Def.'s S.M.F. ¶ 15.)

At the time of the accident, Plaintiff was insured under the following automobile insurance policy issued by Defendant:

Policy Number

Vehicle Insured

Uninsured Motorist Coverage Limit

Maine Policy Form

043 7578-A08-19B

2005 Saab

$100, 000

9819B

(Def.'s S.M.F. ¶ 19; Ex. C.) Plaintiffs address on this policy is listed as 11 Powder Mill Drive. (Def.'s S.M.F. ¶ 20.) At the time of the accident, Plaintiffs mother, Barbara Simoneau, was insured under four motor vehicle liability policies issued by Defendant:

Policy Number

Vehicle Insured

Uninsured Motorist Coverage Limit

Maine Policy Form

056 1016-B17-19A

1994 Chevrolet S 10

$100, 000

9819B

53 8983-D02-19

1986 GMC Safari

$100, 000

9819A

012 5408-E05-19H

2000 Chevrolet S 10

$100, 000

9819A

55 2584-£03-19

1997 Geo Tracker

$100, 000

9819A

(Def.'s S.M.F. ¶ ¶ 21-24; Exs. D-G.) The policy of insurance for Barbara Simoneau's 1994 Chevrolet S10 utilizes Maine Policy Form 9819B, which defines "insured" as follows:

Insured means:

1. you;
2. resident relatives;
3. any other person while occupying;
a) your car;
b) a newly acquired ...

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