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From Baby-Sitting to Child Custody: When Is a Person 'In Your Care' for Purposes of Homeowner's Coverage?

By Samantha Evans
May 30, 2012

The phrase “in your care” traditionally appears in the definition of an “insured” included in a homeowner's policy. “Insured” is often defined to include the named insured and, among others, persons who are under the age of 21 and “in the care” of the named insured. A homeowner's policy generally does not define “in your care” or “care,” leaving the phrase open to varying interpretations.

Although few jurisdictions have interpreted “in your care,” those few cases which have addressed that point vary significantly. Several courts have held that “in your care” is ambiguous and should be read in favor of the insured and coverage, while other courts reason that “care” is unambiguous when applied to a particular set of facts. Still other courts apply a multi-factor test to determine, as a matter of law, whether an individual is in the insured's “care.”

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