In Shelter Mutual Insurance Co. v. American Hallmark Insurance Co., 2014 OK CIV APP 66, Faulkner, a minor, caused an accident while driving a car insured by Shelter. Shelter paid the damages and sought pro rata contribution from another insurer, Liberty. Shelter claimed that Faulkner was a member of Liberty's insured's (Boyd's) household at the time of the accident. But Faulkner was not living at the same house as Boyd (his great grandmother) when the accident occurred -- but Faulkner's mother was living with Boyd. The Liberty policy stated it would provide liability coverage for "non-owned auto[s]" for any "family member." "Family member" was defined as "a person related to [the named insured] by blood, marriage or adoption who is a resident of [the named insured's] household. This includes a ward or foster child."
Just because Faulkner's mother had custody of him, did not mean that Faulkner was residing in the household. The undisputed evidence showed that at the time of the accident, Faulkner was NOT residing in the Boyd household. Whether a minor could have more than one residence was not decided. Summary judgment for Liberty was affirmed.