Lee v. Hartford Underwriters Insurance

*204 MEMORANDUM *

Plaintiffs appeal from the entry of summary judgment against them in their complaint for declaratory and other relief. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The question presented in this appeal is whether the district court correctly held that Gabriel Wagoner, his girlfriend, and their son qualified as “family members” under the underinsured motorist and medical payments provision of his mother and stepfather’s automobile insurance policy. The policy defined “family members” as “residents of the [named insured’s] household” at the time of the accident.

The district court correctly analyzed this question under the analysis specified by the Montana Supreme Court in Farmers Union Mutual Insurance Co. v. Blair, 250 Mont. 52 , 817 P.2d 1156 (1991), which in turn adopted the rationale of low a National Mutual Insurance Co. v. Boatwright, 33 Colo.App. 124 , 516 P.2d 439 (1973). Under Boatwright , the meaning of the term “residents of the household” is determined by examining the following factors: (1) the subjective or declared intent of the individual, (2) the formality or…