Separated father of boy killed by motorist cannot get UIM benefits because son did not live with him

The Superior Court of Pennsylvania ruled a separated father who had joint custody of his son cannot recover UIM benefits under his own automobile policy after the son was killed in an accident because the boy lived full time with his mother, did not physically reside with his father, and did not attend school near his father’s residence.

The court noted that it is not yet a settled matter in state law if minors living under a joint custody order can be considered residents of both parents’ homes.