Gibson v. Callaghan

In Gibson v. Callaghan 158 N.J. 662, 666, 730 A.2d 1278 (1999), a dispute arose from the fact that Mary Maccia, an elderly woman, was injured in a fall "that required her to move to her daughter's home so that her daughter could care for her." Although she "intended to return to her house when her health improved", after three years, "because she was concerned about the risk of burglary and vandalism to her vacant house, Maccia asked her grandson, Donald Callaghan, and his wife, Marcella, to move into and care for her house." Ibid. Maccia continued to pay the property taxes and maintain her homeowner's insurance policy. When Marcella was sued for injuries sustained when her dog knocked down an elderly plaintiff, Marcella filed a third-party complaint against Maccia's homeowner's insurance carrier, claiming coverage by virtue of the fact that she was living in Maccia's home. Because they never lived under the same roof, at the same time, with Maccia, the issue was whether Donald and Marcella were residents of Maccia's household, thereby qualifying them as "insured persons" within the meaning of the policy. In finding that Donald and Marcella were members of the insured's household, the Court held that "residence under a common roof is not the touchstone of a 'household'; rather, the meaning of 'household' will vary depending on the circumstances of a given case." Id. at 677, 730 A.2d 1278. In Gibson v. Callaghan, homeowners' insurance coverage turned on the meaning of "household," which was not defined in the policy. Although the Court rejected the definition of "household" in Black's Law Dictionary, the rationale for doing so was that "the meaning of 'household' will vary depending on the circumstances of a given case." Ibid. Gibson noted that the "insurance industry has known for almost forty years that the term 'household' is susceptible of several interpretations." Id. at 678, 730 A.2d 1278. Thus, the court found the language used in the policy to be ambiguous and construed the disputed terms in favor of the insured. Id. at 677, 730 A.2d 1278.