Residence is Established by Membership to a Group not a Place

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Markeeta Tennie appealed from a judgment of the trial court granting defendant Louisiana Farm Bureau Mutual Insurance Company’s (Farm Bureau) motion for summary judgment and dismissing her claims against Farm Bureau. In Markeeta Tennie v. Farm Bureau Property Insurance Company D/B/A Louisiana Farm Bureau Insurance Company And Kristopher Carter, Number 2020 CA 1297, State Of Louisiana Court Of Appeal First Circuit (June 4, 2021) summary judgment for the insurer was granted by the trial court after proof that the decedent was a resident of the insured’s household.

ZALMA OPINION

Mr. Carter clearly failed in his duty as a father. Although the death of the child, Marcel, was determined to be a “homicide” (the death of a person at the hands of another) it was apparently not determined to be a crime and Carter was not convicted of a crime relating to the death. However, as his father residing at the house of his parents, he and his child were clearly residents of the household and, therefore, the exclusion for injury to a resident relative applied.