A Video Relating to Domicile v. Residence in Insurance Claims
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Domicile or Residence of Insured or Insurer
\\n\\nInsurance companies often see disputes relating to the terms \\u201cdomicile\\u201d and \\u201cresidence.\\u201d It is important, therefore, that everyone in the business of insurance must understand the meaning, and application, of the terms to insurance claims and how they relate to individuals and corporations that are insured or insurers.
\\nDefinition of Domicile
\\nAlthough a person may have more than one residence, he or she may only have one domicile at any one time. [Nat\'l Artists Mgmt. Co. v. Weaving, 769 F. Supp. 1224, 1227 (S.D.N.Y. 1991)]. Domicile is established initially at birth and is presumed to continue in the same place, absent sufficient evidence of a change. To effect a change of domicile, two things are indispensable: First, residence in a new domicile; and, second, the intention to remain there.
\\nIf a person is domiciled in a particular location, that location remains his domicile whenever he is absent so long as he has the intention of returning. In determining domicile courts consider factors including voting registration, employment, current residence, location of real and personal property, location of spouse and family, driver\'s license, automobile registration, tax payment and addresses, and location of a person\'s bank account and physician.
\\nResidency does not necessarily equate to domicile (which is the definition of citizenship for diversity-jurisdiction purposes).
\\nGrandinetti v. Uber Techs., Inc., No. 19 C 05731, 2020 WL 4437806, at *4 (N.D. Ill. Aug. 1, 2020).]
\\nDomicile is usually determined by determining:
\\nthe state where the policy was formed and issued;
\\nthe residence and domicile of the parties to the accident;
\\nthe residence and domicile of the parties to the insurance contract;
\\nthe state where each vehicle was principally garaged or registered;
\\nthe state where treatment for resulting injuries was delivered; and
\\nthe reasons why each party and vehicle were in the state where the accident occurred. [Garces-Rodriguez v. GEICO Indem. Co., 16-196 (La. App. 5 Cir. 12/21/16), 209 So. 3d 389, 394 (collecting cases involving collisions in Louisiana and observing that Louisiana courts "have often found that the state where the insurance policy was issued had a more substantial interest in applying its laws than the state where the accident occurred")].
\\nThe role of the domicile of a corporate insured should be a dominant fact when dealing with the appropriate interpretation of an insurance contract. According to Illinois law, a corporation is always domiciled in its state of incorporation. [Martin v. Cent. Trust Co. of Ill., 159 N.E. 312, 317 (Ill. 1927)].
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