Mona Baldwin appeals from the trial court’s denial of her motion for summary judgment in this declaratory judgment action filed by State Farm. In this action, State Farm seeks a declaration that it has no duty to defend Richard Baldwin, Mona Baldwin’s former husband, in her wrongful death suit filed after the death of their son Weston in an accident at his father’s home. State Farm claimed that Weston Baldwin was a resident in his father’s household at the time of his death and, therefore, there is no coverage under either Richard Baldwin’s homeowner’s policy or his personal liability umbrella policy. In her motion for summary judgment, Mona Baldwin asked the court to find as a matter of law, that when a child is with the noncustodial parent at that parent’s home, the child is not a “resident” for insurance purposes. The trial court denied the motion and we affirm. This case arose after the Baldwins’ eight-year-old son was killed at his father’s home while the father was attempting to remove a fallen tree. The tree shifted positions and rolled on the child after the father trimmed away limbs with a chain saw. The mother filed a wrongful death action against the father, but State Farm denied coverage on the theory that the incident was governed by an exclusion for injuries to a relative who is a resident of the named insured’s household.
On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant. Blue Cross & Blue Shield of Georgia v. Kell, 227 Ga. App. 266, 267 1 488 SE2d 735 1997; Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997.
