Peet

I. INTRODUCTION

Plaintiff Eddlee Peet obtained a wrongful death judgment against his brother-in- law, Mark Doyle, who had caused the death of plaintiff’s two-year-old son, Anthony. At the time of Anthony’s death, plaintiff and Anthony’s mother were both incarcerated, and Anthony was living at Doyle’s residence. After obtaining the wrongful death judgment against Doyle, plaintiff sought recovery from State Farm General Insurance Company (State Farm), which had provided Doyle with a homeowner’s insurance policy at the time of Anthony’s death. Citing the insurance policy’s resident relative exclusion provision, State Farm denied coverage for Anthony’s death. Plaintiff then filed a complaint against State Farm, alleging breach of contract and breach of the implied covenant of good faith and fair dealing. State Farm subsequently moved for summary judgment, arguing that as a matter of law Anthony’s death was not covered because of the resident relative exclusion provision of the insurance policy. The trial court granted summary judgment in favor of State Farm. On appeal, plaintiff’s primary contention is that the trial court erred by finding that the resident relative exclusion…