Legal Question in Personal Injury in New Hampshire
looking for a legal definition to residency pertaining to insurance
i have a claim for under-insured death claim on our son. he lived with his grandmother. its her insurance policy. residency is an issue with the insurance company. his car resigtration showed he lived with her. his driving license showed he lived with her. some of his belongings was in there apartment. they are trying to say he did not live with her. he did!!! where can i find the legal definition to "residence" and/or "residency"? thank you in advance for assistance.
1 Answer from Attorneys
Personal Injury & Tort Law Residency Question
I want to make sure that I am answering your question with the right facts. It sounds to me like you are trying to prove that your son lived with the grandmother in order to obtain the under-insurance coverage through her policy. If the insurance company is denying this then you have a very good option available to you. You can file a declaratory action in superior court and ask the court to decide if your son was covered under the policy. We run in to this question all of the time and there is no clear cu bright line definition of residency. It usually comes down to the proof available. Your proof sounds pretty solid.
There are other issues with underinsurance such as being sure to settle with the liability carrier (If there is one) and doing it correctly so as to not hurt yur recovery under the under insurance coverage.
I would be happy to talk with you about this and discuss what is involved in a declaratory action in NH. Our firm focuses on this type of insurance and injury work. Please call 1-800-838-0800.
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