Kibbee

The question to be decided in this case is whether six-year-old Jackson Kibbee was a “resident” of his stepmother’s household when he drowned off the shore of Cabo San Lucas, Mexico. The trial court concluded from the undisputed facts that Jackson was a resident of Yvonne Kibbee’s household and therefore, under the “resident relative” coverage exception, defendants Blue Ridge Insurance Company and Republic Insurance Company (collectively referred to as Blue Ridge) had no duty to defend or indemnify her in a negligence action brought by Jackson’s mother and older brother. We reach the opposite conclusion and reverse.

Facts and Proceedings Below

The following facts are undisputed.

Lincoln Kibbee married plaintiff Yvonne Kibbee in May 1994. They purchased a home in West Hills and obtained a homeowners insurance policy from defendant Blue Ridge Insurance Company.

Lincoln had two sons from a previous marriage, Daniel and Jackson. The custody order provided Lincoln and his former wife, Carol, would share the physical care of the children and their “primary residence shall be with [Carol] and secondary residence shall be with [Lincoln].” This custody order was subsequently…