McCullough v. Reyes

In McCullough v. Reyes, 287 Ga. App. 483, 484 (651 SE2d 810) (2007), the insureds owned property on which they had their home and, approximately 200 yards away, a rental house that they leased to relatives. The insureds visited the relatives every day, assisted the relatives with finances and healthcare, and stored some of the relatives' furniture in their basement. Id. at 485. In addition, although the houses had separate addresses, they shared a mailbox. Id. at 490 (3). In 2004, a 14-year-old boy visiting the relatives at the rental house died after someone shot him with a gun that one of the relatives had left loaded and accessible. Id. at 485. The boy's parents filed a wrongful death suit against the relatives and the insureds. Id. at 483. The insureds' homeowners policy defined "insured location" as the insureds' "residence premises" and "any premises used by you in connection with the residence premises." Id. at 491 (4). The Court held that, under the circumstances presented and the plain language of the policy, the rental house was not an "insured location" under the policy. Id.