The defendant insurer, Unifund, brought a motion for summary judgment to dismiss the plaintiffs' claims against it.
The central issue was whether the plaintiff daughter resided with her mother at the time of a motor vehicle accident, which would entitle her to coverage under the mother's OPCF 44R Family Protection Endorsement.
The court reviewed evidence from examinations under oath and concluded that the daughter maintained her own separate residence and did not reside with her mother, despite frequently staying over to provide care.
The court found no genuine issue for trial regarding residency and granted summary judgment dismissing the action against Unifund.
