Skarsten v. Dairyland Ins. Co.

21 Citing cases

  1. Morgan v. Illinois Farmers Ins. Co.

    392 N.W.2d 37 (Minn. Ct. App. 1986)   Cited 18 times
    Following Skarsten on similar facts and holding that where college student often lived at parents' home, stored personal possessions there, was financially supported by her parents, and had an intimate relationship with them resulted in a determination that the student was a resident relative

    An appellate court will reverse a trial court's findings of fact only if they are clearly erroneous. Skarsten v. Dairyland Insurance Co., 381 N.W.2d 16, 18 (Minn.Ct.App. 1986), pet. for rev. denied, (Minn. March 27, 1986).

  2. Progressive Ins. v. Abel

    No. A21-1267 (Minn. Ct. App. Jun. 13, 2022)

    This court previously held that a similar resident-relative provision is unambiguous. Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16, 19 (Minn.App. 1986), rev. denied (Minn. Mar. 27, 1986).

  3. Frey v. United Serv. Auto

    743 N.W.2d 337 (Minn. Ct. App. 2008)   Cited 20 times
    Determining a college-age child resided with her fiancé, not her parents

    We note that if the Freys did consider Aven to be part of the household, they would be expected to list her on the Minnesota policy with the rest of family. Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16, 19 (Minn.App. 1986) (determining that inclusion of a college student daughter as an insured on the family car was strong evidence that both parents and daughter considered her to be a member of the house-hold), review denied (Minn. Mar. 27, 1986). Although all of the other Freys are listed in the policy, Aven is not. Instead, Aven's parents had contracted with USAA for a separate Iowa automobile insurance policy listing Aven as the sole operator on an Iowa vehicle.

  4. Mutual Service Cas. Ins. Co. v. Olson

    402 N.W.2d 621 (Minn. Ct. App. 1987)   Cited 26 times
    Holding son member of mother's household where principal residence was with father

    Since a trial court's finding of residency for purposes of insurance coverage is a finding of fact, it will not be overturned unless it is clearly erroneous. Skarsten v. Dairyland Insurance Co., 381 N.W.2d 16, 18 (Minn. Ct. App. 1986), pet. for rev. denied (Minn. Mar. 27, 1986); see also Fireman's Insurance Co. v. Viktora, 318 N.W.2d 704, 706 n. 1 (Minn. 1982); Rosenberger v. American Family Mutual Insurance Co., 309 N.W.2d 305, 309 (Minn.

  5. Krause by Krause v. Mutual Service Cas. Co.

    399 N.W.2d 597 (Minn. Ct. App. 1987)   Cited 8 times
    Holding that child's absence from father's home did not deprive child of his status as part of family unit in his father's home where minor child temporarily resided with mother pending dissolution decree awarding legal custody

    1980). The most recent cases addressing this issue by this court are Skarsten v. Dairyland Insurance Co., 381 N.W.2d 16 (Minn. Ct. App. 1986), and French v. State Farm Mutual Automobile Insurance Co., 372 N.W.2d 839 (Minn.Ct.App. 1985). The French court reviewed numerous Minnesota cases dealing with this issue.

  6. Bhatia v. Owners Ins. Co.

    No. A21-0378 (Minn. Ct. App. Dec. 6, 2021)

    Bhatia directs us to our decision in Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16 (Minn.App. 1986), rev. denied (Minn. Mar. 27, 1986). In Skarsten, a 24-year-old daughter was the policyholder and her father was injured in a car accident.

  7. N. Star Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co.

    A14-0048 (Minn. Ct. App. Aug. 11, 2014)   Cited 1 times

    In addition, the undisputed facts of this case are distinguishable from the cases cited by North Star, in which young adults had not yet settled down and established their own residences because they were students or in military service. See Schoer v. West Bend Mut. Ins. Co., 473 N.W.2d 73, 77 (Minn. App. 1991); Wood, 415 N.W.2d at 750; Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16, 18-20 (Minn. App. 1986), review denied (Minn. Mar. 27, 1986); Morgan v. Illinois Farmers Ins. Co., 392 N.W.2d 37, 40 (Minn. App. 1986), review denied (Minn. Oct. 22, 1986).

  8. McGlothlin v. Steinmetz

    No. A06-1016 (Minn. Ct. App. Jun. 5, 2007)   Cited 1 times

    See, e.g., Schoer v. W. Bend Mut. Ins. Co., 473 N.W.2d 73, 76-77 (Minn.App. 1991) (holding that 21-year-old son was resident of mother's household); Morgan v. Ill. Farmers Ins. Co., 392 N.W.2d 37, 38, 40 (Minn.App. 1986) (same), review denied (Minn. Oct. 22, 1986); Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16, 17-18 (Minn.App. 1986) (holding that 24-year-old college student was resident of parents' household), review denied (Minn. Mar. 27, 1986). That she had a separate, long-term residence in Wisconsin, however, tends to favor a finding that she was not a resident of the Steinmetz home. McGlothlin's lack of self-sufficiency and her dependence on her parents, not the Steinmetzes, for financial support also are probative of this finding.

  9. Schoer v. West Bend Mut. Ins. Co.

    473 N.W.2d 73 (Minn. Ct. App. 1991)   Cited 16 times
    Holding that 21-one-year-old son who was not totally self-sufficient and had not established permanent residence elsewhere was resident of his mother's household for purposes of mother's insurance policy

    Schoer's age of 21 years at the time of the accident does not preclude him as a resident of his mother's household. See Skarsten v. Dairyland Ins. Co., 381 N.W.2d 16 (Minn.App. 1986), pet. for rev. denied (Minn. Mar. 27, 1986) (24-year-old college student was resident of parents' household); Morgan v. Illinois Farmers Ins. Co., 392 N.W.2d 37 (Minn.App. 1986), pet. for rev. denied (Minn. Oct. 22, 1986) (21-year-old college student was resident of parents' household).

  10. Wood v. Mutual Service Cas. Ins. Co.

    415 N.W.2d 748 (Minn. Ct. App. 1988)   Cited 25 times
    Holding that man, who was 17 years old when he enlisted in military, was still resident of his parents' home for purposes of insurance policy where he was dependent on them for his residence when not on duty

    1982). This court recently considered the question of household residency in French v. State Farm Mutual Automobile Insurance Co., 372 N.W.2d 839 (Minn.Ct.App. 1985), and Skarsten v. Dairyland Insurance Co., 381 N.W.2d 16 (Minn.Ct.App. 1986), pet. for rev. denied (Minn. Mar. 27, 1986). Rather than factually distinguish each for this case, we shall focus on the facts that lead us to our conclusion.