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American Family Mut. Ins. Co. v. Thiem

498 N.W.2d 279 (Minn. Ct. App. 1993)
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American Family Mut. Ins. Co. v. Thiem

6 Citing cases

  1. State Farm Ins. v. Nguyen

    920 S.W.2d 409 (Tex. App. 1996)   Cited 6 times
    In Nguyen, we concluded the insured was entitled to $20,000 in liability coverage, and not $100,000 as she claimed, because the family-member exclusion validly excluded coverage beyond $20,000 for a family member.

    Other state courts have used the test pronounced in Pamperin. See, e.g., American Family Mut. Ins. Co. v. Thiem, 498 N.W.2d 279, 282 (Minn.Ct.App. 1993), aff'd in part, rev'd in part, 503 N.W.2d 789 (Minn. 1993); Farmers Ins. Co. v. Oliver, 154 Ariz. 174, 741 P.2d 307, 311 (App. 1987); State Farm Mut. Auto. Ins. Co. v. Johnson, 151 Ariz. 591, 729 P.2d 945, 946 (App. 1986).

  2. Progressive Direct Ins. Co. v. Rithmiller

    505 F. Supp. 3d 899 (D. Minn. 2020)   Cited 1 times

    Thompson Dep. 8:18–21; seeAm. Fam. Mut. Ins. Co. v. Thiem , 498 N.W.2d 279, 283 (Minn. Ct. App. 1993) ("The determination of residency should not be based on the status of the parties under a dissolution judgment, however, but on the facts of the case."), aff'd in part, rev'd in part , 503 N.W.2d 789 (Minn.

  3. American Family Mut. Ins. Co. v. Thiem

    503 N.W.2d 789 (Minn. 1993)   Cited 38 times
    Holding son member of father's household though not resident of father's household at time of accident

    On petition for further review of American Family Mutual Insurance Company, we consider a decision of the court of appeals reversing the summary judgment entered in favor of the petitioner-insurer and remanding for further proceedings in this insurance coverage dispute. American Family Mut. Ins. Co. v. Thiem, 498 N.W.2d 279 (Minn.App. 1993). While the facts are more fully detailed in the decision of the court of appeals, it is sufficient for our purposes to summarize them as follows: 10-year-old Joshua Thiem died as a result of injuries sustained in an automobile accident on August 31, 1990 while a passenger in an automobile driven by his mother.

  4. Jestus v. Jestus

    No. A07-1945 (Minn. Ct. App. Oct. 7, 2008)   Cited 1 times

    There were also times when [the son's] mother would call [the father] and ask him to take the children. Am. Family Mut. Ins. Co. v. Thiem, 498 N.W.2d 279, 281 (Minn.App. 1993), affd in part, rev'd in part, 503 N.W.2d 789 (Minn. 1993).

  5. Illinois Farmers Ins., Co. v. Neumann

    596 N.W.2d 685 (Minn. Ct. App. 1999)   Cited 6 times
    Denying motion for attorney fees because motion did not comply with Minn.R.Civ.App.P. 139.06

    Again, these factors are, to some extent, more relevant to a determination of whether a person is a resident of a household, but nevertheless, the record shows that at the time of the incident, Brenny had been renting from Neumann for two months. See American Family Mut. Ins. Co. v. Thiem, 498 N.W.2d 279, 283 (Minn.App. 1993) (length of stay is one factor to be considered in determining residency in a household), aff'd inpart, rev'd in part, 503 N.W.2d 789 (Minn. 1993).

  6. Progressive Cas. Ins. Co. v. Fiedler

    No. C7-97-84 (Minn. Ct. App. Jun. 3, 1997)

    Viktora, 318 N.W.2d at 706 (quoting Pamperin v.Milwaukee Mut. Ins. Co., 197 N.W.2d 783, 788 (Wis. 1972)). Courts analyze the duration-of-stay element in the broader sense of the relationship of the persons to each other and to the household, rather than in the narrow sense of the duration of individual visits. American Family Mut. Ins.Co. v. Thiem, 498 N.W.2d 279, 283 (Minn.App.), aff'd in relevant part, 503 N.W.2d 789 (Minn. 1993).