Mundey v. Erie Insurance Group (Ct. of Appeals)

Filed January 16, 2007 -- Opinion by Judge Clayton Greene

Richard Mundey, Jr., age 21, was a passenger in a motor vehicle driven by his friend, Amber Burgess. As a result of Amber's negligent operation of her automobile a collision occurred and Mundey suffered serious physical injuries which exceeded $20,000.00, the maximum amount of liability coverage on the vehicle in which he was a passenger. At the time of the collision, Mundey resided temporarily in the home of his grandmother and was not permitted to reside in the home of his parents. Mundey sought a declaration that he was covered under his parents' automobile liability insurance policy for payment of his damages pursuant to the uninsured/underinsured motorist provision of that policy.

In affirming the decision in the Court of Special Appeals, the Court held that Mundey was not entitled to recover under his parents' uninsured motorist endorsement because, at the time of the collision, he was not a resident of their household or otherwise insured under the automobile liability policy in question. In addition, the Court held that consistent with Md. Code (1997, 2006 Repl. Vol.), §19-509 of the Insurance Article, Mundey was not a "clause 1 insured" under his parents' automobile liability policy at the time of the accident.

This opinion is available in PDF format.