State Farm v. Goyeneche

Syllabus

This is a declaratory judgment action to determine whether State Farm Mutual Automobile Insurance Co. (State Farm) has a duty to defend and provide liability and underinsured motorist (UIM) coverage following the death of an unattended child (S.G.) in a vehicle insured by a State Farm automobile policy. Appellants Beverly Goyeneche (Grandmother) and Amanda Goyeneche (Mother) appeal the circuit court's order finding their claims arising from S.G.'s death are excluded from coverage and State Farm has no duty to defend or indemnify Grandmother, Mother, or David R. Gray, III (Father). Appellants argue the circuit court erred in (1) finding the State Farm policies issued to S.G.'s parents and grandmother provide no coverage for S.G.'s death (2) rejecting persuasive authority from other jurisdictions and (3) determining S.G. was a resident relative of only Mother's household. We affirm.