Missouri Court of Appeals, Western District / Feb 20, 2024
Shelter Mutual Insurance Company vs. Trevor Hill, Leslie Hill, Lanie Hill and Shelbie Alexander
Shelter Mutual Insurance Company appealed a summary judgment holding that a minor child was not a resident of her natural father's household for purposes of an insurance policy exclusion, after the child was injured on the father's property. The trial court had granted summary judgment for the respondents and denied Shelter's cross-motion. The appellate court affirmed in part and reversed in part, remanding the case for further proceedings, holding that summary judgment was improper because the ultimate factual determination of the child's residency remained in dispute, even with stipulated facts.