When Is a Child Considered a Resident of a Home ?
In Pamperin v. Milwaukee Mut. Ins. Co., 55 Wis. 2d 27, 197 N.W.2d 783, 787 (Wis. 1972), the Wisconsin Supreme Court held the child is a resident of a home where the parties are:
(1) living under the same roof;
(2) in a close, intimate, and informal relationship;
(3) where the intended duration is likely to be substantial, where it is consistent with the informality of the relationship, and where it is reasonable to conclude that the parties would consider the relationship "in contracting about such matters as insurance or in their conduct in reliance thereon." Pamperin, 197 N.W.2d at 788-89.
These factors are to be considered as a whole, with no one factor predominating. See Pamperin, 197 N.W.2d at 789.
Other jurisdictions have also adopted Wisconsin's Pamperin test.
Blanchard v. Peerless Ins. Co., 958 F.2d 483, 489 (1st Cir. 1992);
Nationwide Mut. Ins. Co. v. Budd-Baldwin, 947 F.2d 1098, 1102 (3d Cir. 1991);
State Farm Fire & Cas. v. Vaughn, 803 F. Supp. 1446, 1450 (S.D. Ind. 1992);
Dartez v. Atlas Assur. Co., 721 So. 2d 109, 112 (La. Ct. App. 1998);
Donegal Mut. Ins. Co. v. State Farm Mut. Auto. Ins. Co., 377 Pa. Super. 171, 546 A.2d 1212, 1216 (Pa. Super. Ct. 1988);
Allstate Ins. Co. v. Tomaszewski, 180 Mich. App. 616, 447 N.W.2d 849, 851 (Mich. Ct. App. 1989).