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MATTER OF AETNA CAS. AND SUR. CO. v. PANETTA
Appellate Division of the Supreme Court of New York, Second Department.
Mar 28, 1994
Ordered that the judgment is affirmed, with costs.
The appellant is not a covered person entitled to underinsured motorist benefits under her father's insurance policy. The policy provides such coverage only for a "family member", defined in the policy as "a person related to [the insured] by blood, marriage or adoption who is a resident of [the insured's] household".
Although the appellant stored some belongings in her father's house and would visit there approximately once a month, we conclude that she was not a resident of the household (see, Matter of Aetna Cas. Sur. Co. v. Gutstein, 80 N.Y.2d 773, revg 169 A.D.2d 718). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.
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