SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-4145-98T2
MICHAEL SIGEL,
Plaintiff,
v.
NEW JERSEY MANUFACTURERS
INSURANCE COMPANY,
Defendant-Appellant,
and
ALLSTATE INSURANCE COMPANY,
Defendant-Respondent.
_____________________________________
Argued February 1, 2000 - Decided February
24, 2000
Before Judges Pressler, Ciancia and Arnold.
On appeal from the Superior Court of New
Jersey, Law Division, Bergen County.
Kathleen S. Murphy argued the cause for
appellant (Connell, Foley & Geiser,
attorneys; Lisa M. Fontoura and Ms. Murphy,
on the brief).
Donald T. Okner argued the cause for
respondent (Dwyer Connell & Lisbona,
attorneys; Mr. Okner, on the brief).
The opinion of the court was delivered by
CIANCIA, J.A.D.
The question presented by this appeal is whether
stepbrothers are "related by marriage" as that language is used
in an automobile insurance policy for the purpose of defining
coverage.
Plaintiff Michael Sigel was struck by an automobile as he
attempted to walk across a street. The driver did not stop and
has never been identified. At the time of the accident plaintiff
lived with his mother, his stepfather and his stepfather's son,
Anthony. Plaintiff had no automobile insurance but his mother
and stepfather had a policy issued to them as named insureds by
defendant New Jersey Manufacturers Insurance Company, and Anthony
was the named insured on a policy issued to him by defendant
Allstate Insurance Company. Plaintiff sought uninsured motorist
coverage under both those policies. The matter went to
arbitration and subsequently to litigation. A trial date had
been set when Allstate moved for summary judgment on the theory
that plaintiff was not entitled to coverage because he was
neither a family member nor a relative of its insured. The
motion judge was persuaded to the merits of Allstate's position
and entered summary judgment in its favor. We denied a motion
for leave to appeal that interlocutory judgment. The remainder
of the litigation was settled, and New Jersey Manufacturers,
which has never disputed the coverage of its policy, specifically
reserved its right to pursue the present appeal against Allstate.
We now reverse the entry of summary judgment in favor of
Allstate.
The Allstate policy provided coverage to Anthony as the
named insured and to his family members or relatives. The policy
defined "family member" as, "a person related to you by blood,
marriage or adoption who is a resident of your household. This
includes a ward or foster child." Similarly, "relative" was
defined as, "a person related to the named insured by blood,
marriage or adoption (including a ward or foster child) who is a
resident of the same household of the named insured."
Allstate successfully argued that plaintiff and his
stepbrother, although living together in the same household, were
not related by marriage. Although there is not a great deal of
law addressing this question, the most analogous cases run
counter to Allstate's position. Moreover, logic, common sense
and the reasonable expectations of the average policyholder
militate in favor of stepbrothers being considered related
through marriage.
The rules for interpreting insurance contracts are well
known and have been recently reiterated by our Supreme Court in
Gibson v. Callaghan,
158 N.J. 662 (1999):
Insurance policies are contracts of
adhesion and, as such, are subject to special
rules of interpretation. As this Court noted
in Allen v. Metropolitan Life Insurance Co.,
44 N.J. 294, 305,
208 A.2d 638 (1965), an
insurance company is "expert in its field and
its varied and complex instruments are
prepared by it unilaterally whereas the
assured or prospective assured is a layman
unversed in insurance provisions and
practices." Therefore, when called on to
interpret insurance policies, we "assume a
particularly vigilant role in ensuring their
conformity to public policy and principles of
fairness."
. . . Generally, the words of an
insurance policy are to be given their plain,
ordinary meaning. In the absence of any
ambiguity, courts "should not write for the
insured a better policy of insurance than the
one purchased."
However, that ambiguities in an
insurance policy are to be interpreted in
favor of the insured is fundamental. When
obligated to construe an ambiguous clause in
an insurance policy, courts should consider
whether more precise language by the insurer,
had such language been included in the
policy, "would have put the matter beyond
reasonable question."
Further, insurance policies must be
construed to comport with the reasonable
expectations of the insured. . . .
Concerning exclusion clauses that
proscribe or limit coverage, we have observed
that "[i]n general, insurance policy
exclusions must be narrowly construed; the
burden is on the insurer to bring the case
within the exclusion." Conversely, clauses
that extend coverage are to be viewed broadly
and liberally.
[158 N.J. at 669-71 (citations omitted).]
The Oklahoma Supreme Court used these principles to decide a
case that was factually close to that now before us. In Flitton
v. Equity Fire and Cas. Co.,
824 P.2d 1132 (Okla. 1992), the
named insured was the stepbrother of decedent on whose behalf
coverage was sought. The policy definition of family member was
identical to the definition in Allstate's policy. There, as
here, the term "related" was not defined in the policy but the
carrier argued it was synonymous with "affinity" and further that
affinity connected a stepson and stepparent but not stepbrothers.
In rejecting that argument the Oklahoma Supreme Court said that
even accepting the definition of affinity urged by the carrier,
the policy used the term "family" which is broader than legal or
blood relationship. The Oklahoma Court cited to Brokenbaugh v.
New Jersey Mfrs. Ins. Co.,
158 N.J. Super. 424, 430 (App. Div.
1978) in support of that proposition. The Oklahoma Supreme Court
went on to state:
The definition of "family member" as
used by the Company in its insurance contract
consists of words capable of being understood
by laymen. The phrase "A person who is
related to you by blood, marriage or
adoption, who is a member of your household"
should need no lawyer to translate it. Nor
do we believe it to be ambiguous. We have
said that in construing an insurance
contract, its terms and words, if
unambiguous, must be accepted in their plain,
ordinary, and popular sense. . . .
. . . We are satisfied that the average
policyholder would understand that two
stepbrothers are related by the marriage of
their respective parents. The Company in
writing its policy chose not to use the terms
"consanguinity and affinity", with the
technical limitations on the latter word.
Nor did it specifically list by name each of
the individuals intended to be covered. . . .
[824 P.
2d at 1134 (citations omitted).]
We agree with the analysis of the Oklahoma Supreme Court.
We add that even use of the term "affinity" in the policy would
not necessarily preclude a finding that stepsiblings were related
by marriage. See, e.g., State v. Brown,
311 N.J. Super. 273 (Law
Div. 1997) (defendant's sexual attack on stepsister amenable to
prosecution under N.J.S.A. 2C:14-2c because defendant was related
to the victim by affinity); accord, People v. Armstrong,
212 Mich. App. 536 N.W.2d 789, 793 (Mich. Ct. App. 1995).
The Allstate policy in this case does not use the term
affinity but rather speaks of "family member" and "relative."
Allstate contends that economic dependency is an essential
ingredient of those terms and cites Brokenbaugh v. New Jersey
Mfrs. Ins. Co., supra. That case, however, actually stands for
the proposition that there can be insurance coverage as a "family
member" even if there is no relationship by blood, marriage or
adoption as long as the person resides "within the domestic
circle of, and [is] economically dependent on, the named
insured." Brokenbaugh, supra, 158 N.J. Super. at 430. Not only
does Brokenbaugh not support Allstate's position, it demonstrates
the definitional elasticity of the term "family member." It is
clear that if a relationship exists by virtue of blood, marriage
or adoption there is no need to add economic dependence as a
required criterion. See Grant v. Amica Mut. Ins. Co.,
153 N.J. 433 (1998) (adult brother covered as family member under adult
brother's policy); Market Transition Facility of N. J. v. Parisi
Lusardi,
293 N.J. Super. 471 (App. Div. 1996) (adult sister
covered as family member under adult brother's policy); Arents v.
General Accident Ins. Co.,
280 N.J. Super. 423 (App. Div. 1995)
(father covered as family member of insured son who spent two
nights a week at parent's house); Swydersky v. Prudential
Commercial Ins. Co.,
240 N.J. Super. 37 (App. Div. 1990)
(economically independent mother-in-law covered as resident
relative under son-in-law's policy).
Other cases cited by Allstate are equally unavailing.
Gilman v. City of Newark,
73 N.J. Super. 562 (Law Div. 1962), as
it relates to the present case, stands only for the proposition
that a municipal ordinance defining "related persons" to include
just those specifically listed in the ordinance, is not palpably
arbitrary or capricious. Shuman v. Market Transition Facility,
294 N.J. Super. 193 (App. Div. 1996), concerned an unmarried
couple found not to be "traditional family members" for purposes
of PIP coverage. N.J.S.A. 39:6A-4.
We are satisfied that the term "related by marriage"
encompasses stepsiblings and is not limited to their respective
parents. Stepchildren are "routinely found" to be members of a
family for insurance purposes. Brokenbaugh, supra, 158 N.J.
Super. at 432; see New Jersey Manufacturers Ins. Co. v. Travelers
Ins. Co.,
198 N.J. Super. 9, 11 (App. Div. 1984); American
Bankers Ins. Co. of Florida v. Stack,
208 N.J. Super. 75, 77 (Law
Div. 1984); see also Boone v. Safeway Ins. Co. of Alabama, Inc.,
690 So.2d 404 (Ala. Civ. App. 1997) (stepchild found to be
insured family member under policy definition that included
children "related by marriage to the named insured.")
The judge who decided the summary judgment in favor of
Allstate expressed concern that the relationship between
stepsiblings was more tenuous than the relationship between
stepchild and stepparent. This suggests a concern over degrees
of affinity. While there are indeed varying levels of affinity,
see Black's Law Dictionary 59 (7th ed. 1999), for present
purposes the "two steps" needed to go from stepbrother to
stepbrother do not inhibit a finding of family relationship. In
Swydersky, supra, the injured plaintiff was the mother-in-law of
the insured. In an effort to avoid a deductible exclusion and a
setoff provision elected by her son-in-law, plaintiff claimed not
to be a resident relative in the insured's household. In
rejecting her argument we found it an "inescapable" conclusion
that the resident mother-in-law was a member of her son-in-law's
family. Swydersky, supra, 240 N.J. Super. at 41. See also Grant
v. Amica Mutual Insurance Co., supra,
153 N.J. 433 (brother
brother relationship); Market Transition Facility of New Jersey
v. Parisi-Lusardi, supra,
293 N.J. Super. 471 (brother-sister
relationship).
Summary judgment in favor of Allstate is reversed. The
matter is remanded for further proceedings.