Cobb v. State Security Insurance Co.

JOSEPH J. SIMEONE, Special Judge.

I.

Plaintiffs-respondents, Robert Joe Cobb and Norma Jean House, as parents of an illegitimate child, Rhonda Lynn House, obtained a judgment in the sum of $7,500.00 against defendant-appellant, State Security Insurance Company in the Circuit Court of the City of St. Louis for the wrongful death of Rhonda Lynn under the uninsured motorist clause of an insurance contract. The insurance company appealed to the St. Louis District and the judgment was affirmed. We granted the Insurance Company’s application to transfer and now decide the case as an original appeal. Art. V, § 10, Rule 83.03.

For reasons hereinafter stated we affirm the judgment and hold under the circumstances here (1) the father and mother of an illegitimate child, may maintain an action under the insurance contract for the wrongful death of their child, (2) that the child is a “relative” of the named insured, Robert Joe Cobb and (3) the child is a member of the insured’s “household”. We adopt portions of the opinion of the Court of Appeals, McMillian, J., without quotation marks.

II.

This case involves the story of a young child who was hit by an uninsured motorist and her parents both formerly divorced and who admittedly were never married to each other.

Although it is extremely difficult logically and chronologically to follow the evidence relating to the various divorces, places of residence of the parties, the places of employment, the number of children born in and out of wedlock, as well as other facets of this intriguing case, the jury could reasonably find the following.

Robert Joe Cobb, the acknowledged biological father of Rhonda Lynn House was married to one Ellen Burgess on March 16, 1960. The marriage lasted a very short time — “Not even two weeks.” On July 2, 1960, he married Wilda Inez Hunter also known as Chris. That marriage, too, ended in divorce in January, 1963.

In July, 1963, Robert met Norma Jean House who had been married to a Mr. Williams. Norma had five children as a result of her marriage to Mr. Williams one of whom was Donna, a witness in this proceeding. When she met Robert, she was divorced from Mr. Williams. Norma also had a child, born in January, 1964, by a man to whom she was not married and who was neither Robert nor her husband. She was pregnant when she met Robert.

When she met Robert in July, 1963, Norma was living on Gravois in the City of St. Louis and Robert was living with his mother Eugenia [Euceba?] Prather, on Victor Avenue. Robert and Norma were introduced by Norma’s sister, Ruth Karn. Sometime later, perhaps in 1966, Robert moved to 2307 South Thirteenth Street, where after a series of residential moves, Norma also moved to Thirteenth Street and was a neighbor of Robert’s. Her apartment was next to his. By that time, Robert and *730Norma were spending a great deal of time together and were having sexual relations. Robert “stayed there quite often in her house . . . [and] ‘overnight’ ”. While Robert maintained a residence, although not a mailing address on Thirteenth Street, Norma moved to Louisiana and Winnebago. When Norma lived there, Robert stayed “five and six times a week.” Over the years of this relationship four children were born to Robert and Norma — a pair of twins born in 1966, Rhonda born in 1969, and Robert born in June 1971. It was while Norma lived on Louisiana and Winnebago that Rhonda was conceived. Robert still resided at 2307 South Thirteenth Street. Rhonda was born in a hospital on June 29, 1969. In the interim between the birth of Rhonda and October, 1970, Norma moved to 3936 Russell. During this time, Robert spent a “lot of nights” with Norma, while still retaining his “house” on Thirteenth Street. He had most of his clothes at “home” but had several outfits at Norma’s.

In June, 1970, Robert remarried Wilda Inez (Chris) Hunter1, and bought a home in the 3600 block of Oregon. They lived together for about three months until approximately September, with their son of the previous marriage.

Then in about October, 1970, Robert went to live with Norma on Russell Avenue “permanently”. After Robert moved from Oregon to Russell, he testified that he did not keep “any other place [he] might call a residence.” From October, 1970, except for about three or four weeks prior to April, 1972, when Robert went to Patricia Thorn-berg’s (his younger sister), at 311 Eichelber-ger, he lived with Norma and was still living with her at another address at the time of trial held in March, 1976.

In April, 1972, Robert obtained a “Family Combination Automobile Policy” effective April 27, 1972 to April 27, 1973. At the time of taking out the policy, Robert gave as a mailing address 7618 Tennessee and as a residential address 311 Eichelberger — apparently the address of his sister, Patricia.

Under Part IV of the policy — “Family Protection Coverage”, the insurance company agreed:

“To pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury . including death resulting therefrom . sustained by the insured caused, by accident and arising out of ownership, . or use of such uninsured automobile,

Under the “Definitions” in Part IV, “insured” means:

“(a) the named insured and any relative; . . . .” and “Relative” is defined in Part I to mean:
“a relative of the named insured who is a resident of the same household.”

The policy was in force on January 6, 1973. On that fateful day, Rhonda Lynn who was now three and one-half years old was hit by an automobile driven by one Virgil Earls, the uninsured motorist between 39th Street and Lawrence in St. Louis.2 An eyewitness, Jack Regh, saw the accident. He saw the vehicle strike the child. Earls was traveling about twenty-five miles per hour; he did not slow down, or sound any warning or swerve. Mr. Regh flagged Earls down. Robert Joe Cobb came out of “his house and put a blanket” over the child. An ambulance was called and Robert went with the child in the ambulance. Mr. Regh saw Robert “maybe several times . . .

Rhonda was taken to the hospital and died on January 18, 1973.

Within a few days, January 25, 1973, the appellant insurance company received a no*731tice from a firm of attorneys concerning Rhonda’s death. An investigation was made by representatives of the company and some letters were written concerning the investigation. One letter dated March 13, 1973, indicated that “. . . I believe we have to prove, even though Robert Cobb admits to being the father of the deceased, he was married to Chris at that time, and contributed to her support, which should not be too difficult . . ..At the moment things do not look too good

On April 9, 1974, a petition was filed by Robert Joe Cobb and Norma House for damages against the defendant. An amended petition was later filed in two counts. Count I sought damages from Virgil Earls and Count II sought damages against State Security Insurance Company for $10,000. Because Virgil Earls was never served, he was dismissed from the cause. Trial commenced in March, 1976.

At trial the following additional facts were adduced.

From and after October, 1970, Robert lived with Norma Jean. Several witnesses testified at trial relating to their living together on Russell, and several witnesses testified as to Robert’s acknowledgement that Rhonda Lynn was his child. Norma’s sister testified that prior to Rhonda’s birth when Robert and Norma were living together Robert acknowledged several times that he was the father of the child; that Robert visited Norma and the child in the hospital, and that he was living with Norma when Rhonda was brought home from the hospital. Witnesses indicated that Rhonda referred to Robert as “Daddy”, and that he played with the children, disciplined Rhonda, etc. When Rhonda was hit by the automobile, the witness, Mr. Regh stated that Robert came out of the Russell house and put a blanket over the child and went to the hospital. Some days before the accident Regh saw Robert on the porch on Russell.

Joseph Eveland, a long time friend of Robert, testified that prior to Rhonda’s birth Robert acknowledged that he was her father. He was present “many times” at the Russell house where Norma, Robert and Rhonda lived.

Robert’s mother, Mrs. Prather, stated that Robert acknowledged to her that he was the father of Rhonda, “many times” prior to birth. She was present when Robert “[gave] directions” to Rhonda, that Rhonda called Robert “Daddy”.

Norma’s daughter, Donna, by her former husband testified that she knew Robert since she was eight years old when Robert “started going” with Norma. She recalled that Robert went to the hospital at Rhonda’s birth, that he lived on Russell, that after he left Chris, Donna helped him move to Russell in 1970; she also stated that Robert acknowledged the paternity of Rhonda, before and after Rhonda’s birth. According to Donna, Robert played with Rhonda, gave her “love and affection” and “discipline[d]” her.

In their testimony, Robert and Norma corroborated many of the above facts. In open court he acknowledged that he was the father of Rhonda Lynn, he testified he “supported” her, and “contributed” all he could, gave love and affection to her, and that Rhonda called him “Daddy”. After he moved to Russell he had no other “residence”. He acknowledged that his name did not appear on Rhonda’s birth or death certificates but indicated, as to the birth certificate that the hospital would not permit it. While the funeral bill had been paid (by whom is unknown), the hospital bill at the time of trial had not. As to the hospital bill in the amount of $4,683.45, Robert received the bill and the hospital requested payment from him.

Norma also acknowledged that Robert was the father of Rhonda, as well as the three other children. She admitted living with him and after he came back in October, 1970, except for a few months, he had no other residence. Robert visited her in the hospital and while Robert lived with her, Robert helped in raising the child, displayed love and affection, disciplined the child and helped pay Rhonda’s bills. Nor*732ma3 testified that the child was an active child, “helpfed] around the house” and helped pick up after the “new baby” and “[gave] him his bottle”. The child was healthy and attended nursery school. Over the years the services the child would have performed would increase. She and Robert shared the expenses of Rhonda, and she received financial support from Robert. She acknowledged, however, that Rhonda’s birth was paid for by Medicaid and not Robert, and that she had been receiving welfare for a long time. She denied seeing any other men but Robert “and I don’t care to even see any.”

At the close of the evidence, appellant insurance company moved for a directed verdict which was overruled. Instructions were given, including Instruction 3, plaintiff’s verdict director and 6, plaintiff’s damage instruction.

The cause was argued and submitted to the jury and the jury returned a verdict in the sum of $7,500.00. Judgment was entered on the verdict.

III.

On appeal, the insurance company contends that (1) the trial court erred in denying its motion for directed verdict because (a) the father, Robert, has no rights as a parent under the policy or under the wrongful death act, and no right to the services of the child, Rhonda and (b) he has not proved any actual or pecuniary loss, (2) the court erred in denying its motion for directed verdict on the mother’s claim for damages because she was not an insured under the policy and erred (a) in admitting evidence of damages claimed by her, and (b) in giving Instructions 3 and 6, authorizing the jury to find in favor of both the father, Robert and the mother, Norma, and (3) the court erred in denying its motion to reduce judgment because there was no substantial evidence of any “loss of services” and the judgment, therefore, should have been limited to the actual expenses of the hospital and funeral bills which were less than the verdict.

Additionally, in its brief filed in this court, appellant contends that Rhonda was not a “relative” of the named insured, Robert, because Robert is the father of an illegitimate child and also because Rhonda was not a resident of the same “household”, as those terms are used in the policy.

IV.

This is an action on the insurance contract. The wrongful death action is relevant as to whether there is a right of action under the contract.

On this appeal several issues must be resolved: (1) is the biological father of an illegitimate child, as an insured under an uninsured motorist clause legally entitled to recover4 damages for an action of wrongful death of his child; (2) does the mother5 of an illegitimate child although not an insured under the contract of insurance, have a right with the father to maintain an action under the uninsured motorist clause for the wrongful death of the child as a legal representative; (3) under the facts of this case is the child Rhonda an insured and a “relative” of the insured Robert Joe Cobb within the meaning of the policy and; (4) is the child, Rhonda, under this record, a member of the insured’s, Robert Joe Cobb, *733“household”? Collateral issues that also need resolution are: (1) whether the court erred in giving instructions 3 and 6 authorizing the jury to find in favor of both the father, Robert and mother, Norma, and (2) whether the court erred in failing to reduce the judgment because there was no substantial evidence of any “loss of services”.

V.

Since this is an action under an uninsured motorist clause of the insurance policy, the action may be brought directly against the company — an unsatisfied judgment against the uninsured motorist, Virgil Earls, is not a condition precedent to recovery from the insurer. Hill v. Seaboard Fire & Marine Insurance Co., 374 S.W.2d 606, 611 (Mo.App.1963). The fact that Virgil Earls was dismissed from the action did not jeopardize the cause of action against the insurance company. Reese v. Preferred Risk Mutual Insurance Company, 457 S.W.2d 205, 208 (Mo.App.1970). The action is one of contract. Crenshaw v. Great Central Ins. Co., 527 S.W.2d 1, 4 (Mo.App.1975). In order to prevail on this contract action the plaintiffs must establish that at the time this litigation was commenced they were legally entitled to recover damages from the uninsured motorist. In other words, as an essential element of the cause of action in contract it must be demonstrated that the plaintiffs have a right to recover for the wrongful death of their daughter. Crenshaw, 527 S.W.2d at 4. Merely establishing “fault” on the part of the uninsured motorist is not sufficient. Hunt v. State Farm Mut. Auto. Ins. Co., 560 S.W.2d 280, 282 (Mo.App.1978).

The initial question then becomes whether the named insured, Robert Cobb, has a right to recover for the wrongful death of Rhonda.

The whole complex question of the rights of illegitimate children and the rights and duties of parents of children born out of wedlock has had a long and evolving history. It has not as yet been completed. The law relating to such rights and responsibilities have developed slowly and by degrees.

The common law was harsh, simple and inflexible. An illegitimate child was “nullius filius” or “filius populi”. 1 Bl. Comm. 458-459 (Lewis’s ed.); 2 Kent Comm. 212 (14th ed.). The child was the child of no one.

The next stage of the development of the law mainly in the last century emphasized the rights and duties between mother and child. The rigors of the common law were ameliorated by statutes and decisions. It was established that the mother is the natural guardian of such child, § 475.0256, RSMo 1969, and that the child and mother had reciprocal rights of inheritance. See § 474.060, RSMo 1969. These statutes gave illegitimate children inheritable blood so far as the mother was concerned. See Baker v. Stucker, 213 Mo.App. 245, 248 S.W. 1003, 1005 (1923). Cf. Banks v. Galbraith, 149 Mo. 529, 51 S.W. 105, 106 (1899).

As early as 1894 in this state, this court held in Marshall v. Wabash R. Co., 120 Mo. 275, 25 S.W. 179 (1894) that the mother of an illegitimate child could maintain an action for the wrongful death of her illegitimate child.

At this stage of development, the biological father had no responsibilities and was not accorded any particular rights. In State v. White, 363 Mo. 83, 248 S.W.2d 841, 843 (1952) this court, for example, held that, under a statute then in force, the father could not be held criminally responsible for the support of his child, absent legal custody. The duty of support fell upon the mother because of her right to custody.7

*734The third stage of development in this whole complex question emphasized the rights of an illegitimate child. This development has occurred only in recent years. The rights of the child are based on the premise that there are no illegitimate children, there are only illegitimate parents. The modern philosophy relating to the rights of such children are based on the premise that:

“The status of illegitimacy has expressed through the ages society’s condemnation of irresponsible liaisons beyond the bonds of marriage. But visiting this condemnation on the head of an infant is illogical and unjust. Obviously, no child is responsible for his birth and penalizing the illegitimate child is an ineffectual — as well as an unjust— way of deterring the parent. . . . ” Weber v. Aetna Casualty & Surety Company, 406 U.S. 164, 92 S.Ct. 1400, 1406-1407, 31 L.Ed.2d 768 (1972).

In recent years the Supreme Court of the United States and this Court have recognized the rights of a child born out of wedlock. In Levy v. Louisiana8, 391 U.S. 68, 88 S.Ct. 1509, 20 L.Ed.2d 436 (1968) it was held that such a child may not be discriminated against and may recover damages for the wrongful death of the mother. In Glona v. American Guarantee & Liability Ins. Co., 391 U.S. 73, 88 S.Ct. 1515, 20 L.Ed.2d 441 (1968) it was held that the mother may recover for the wrongful death of her illegitimate child. In Trimble v. Gordon, 430 U.S. 762, 97 S.Ct. 1459, 52 L.Ed.2d 31 (1977), an Illinois law which permitted illegitimate children to inherit only from their mother and not the father was struck down as violative of equal protection. Weber, supra, granted to illegiti-mates the right to recover workmen’s compensation benefits for the death of their natural father.9 And in Gomez v. Perez, 409 U.S. 535, 93 S.Ct. 872, 35 L.Ed.2d 56 (1973), the Supreme Court held that illegitimate children were entitled to support enforceable in a civil proceeding.10

In this state the rights of an illegitimate child have been recognized as against the father. In R_ v. R_, 431 S.W.2d 152 (Mo.1968), relying on Levy and Glona it was held that under our statutes the father of an illegitimate is criminally responsible for the support of the child and that the state is prohibited from discriminating between legitimate and illegitimate children. “The principles applied by the United States Supreme Court would render invalid state action which produces discrimination between legitimate and illegitimate children insofar as the right of the child to compel support by his father is concerned. . . . ” R_ v. R — , 431 S.W.2d at 154. See also Wes-sels v. Gipfel, 522 S.W.2d 653 (Mo.App.1975).

Hence in recent years the rights of children born out of wedlock have been recognized in many contexts.11

*735Although the courts have increasingly recognized the rights of illegitimate children, and the rights and responsibilities of the mother, the rights of the biological father have not been fully articulated.12 This is no doubt due to many problems of proof as well as society’s attitudes. This fourth stage of development is just beginning to be recognized and articulated.

Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972) is perhaps the seminal case dealing with certain rights of the biological father. In Stanley, the Supreme Court held that the State of Illinois was barred from taking custody from an unwed father who had lived with the mother intermittently for 18 years without affording due process to the father.

Stanley was distinguished in Quilloin v. Walcott, 434 U.S. 246, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978). There the high court held that the natural father’s rights under due process were not violated with respect to vetoing an adoption where the father had not exercised actual or legal custody, never shouldered any significant responsibility for the child and the father had not over a long period of time petitioned for legitimation.

Several courts have now recognized certain rights of the biological father. Courts have held that such a father have equal rights of custody13 and such fathers have been awarded custody of such children. Vanderlaan v. Vanderlaan, 9 Ill.App.3d 260, 292 N.E.2d 145 (1972); E v. T, 124 N.J.Super. 535, 308 A.2d 41 (1973); Sparks v. Phelps, 22 Or.App. 570, 540 P.2d 397 (1975); David v. Cindy, 565 S.W.2d 803 (Mo.App.1978).14

In several recent decisions dealing with the rights of the biological father to recover for the wrongful death of a child it has been held that the father may maintain such action. In Holden v. Alexander, 39 A.D.2d 476, 336 N.Y.S.2d 649 (1972), the New York court in a case of first impression, held that the natural father who took the child into his home was to be treated as a distributee under the wrongful death act.

“To hold otherwise would seem not only to create a windfall for tortfeasors who happen to be fortunate enough to have committed their tortious acts against illegitimates . . ., but also to render a gross injustice to this particular plaintiff, who would have suffered a wrong without being provided any remedy.” Holden, 336 N.Y.S.2d at 655.15

In Wilcox v. Jones, 346 So.2d 1037 (Fla.App.1977), the Florida appellate court held that “To recognize the right of the natural mother of an illegitimate child to maintain a wrongful death action but in the same breath to refuse to recognize the corresponding right of the natural father, would violate the equal protection clauses of the state and federal constitutions.” Wilcox, 346 So.2d at 1038. The court relied on Glona and Trimble.

In this fourth stage of development and under these recent decisions, recognizing certain rights of the biological father we are compelled to conclude that when the biological father has openly acknowledged the child as his own, has exercised custody and has shouldered responsibility with respect to supervision, support, protection and care of the child, the biological father has a right to maintain a wrongful death action *736for the death of his illegitimate child. Cf. Quilloin v. Walcott, 98 S.Ct. at 555.16

Our Wrongful Death Act, § 537.080(2), RSMol969 provides that if the deceased is a minor and unmarried, the action is to be brought by the “father and mother, natural or adoptive, who may join in the suit . .” The statute does not distinguish between unmarried legitimate or illegitimate children. “The statute makes no reference to the marital status as between the parents.” Higgins v. Gosney, 435 S.W.2d 653, 657 (Mo.1969).

Under our wrongful death act and under the modern judicial decisions, we conclude therefore that the father, Robert Joe Cobb, had rights as a parent of Rhonda to commence and maintain an action for wrongful death under the policy. Here, Robert acknowledged Rhonda as his child before and after birth; he lived with Norma and the children at the Russell address over a period of years; he openly acknowledged Rhonda as his child to Norma and to others; Norma recognized Robert as the father; Robert gave support, love and affection to the child and disciplined the child. In these circumstances we cannot say that Robert, and the mother, Norma,17 are to be deprived of a right of action for wrongful death.

We reject therefore the appellant’s first point that Robert had no rights as a parent.

VI.

Appellant next contends that since Norma was not an insured under the policy, the trial court erred in refusing to sustain its motion for directed verdict.

It is true that the right to recover under an uninsured motorist clause is on the contract and not in tort. It is also true that § 379.203(1), RSMol975 provides that no automobile liability insurance shall be issued unless coverage is provided “for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of death . .” Appellant contends that Norma was not an insured under the policy and hence is not entitled to recover. Since she cannot be a relative and since she is not an insured it is contended she has no rights under the policy. But this contention is inapposite to the issue whether under the policy of insurance, the insured or “his legal representative shall be legally entitled to recover” damages for the death of Rhonda — an insured under the policy. The question is not whether Norma is an insured under the policy, but whether she is a legal representative of an insured under the definition of the policy. Norma need not be an insured under the policy, if Rhonda is within the definition of an insured.

In Sterns v. M.F.A. Mutual Insurance Company, 401 S.W.2d 510, 517 (Mo.App.1966) the term “legal representative” was discussed. In a scholarly opinion by Cross, J., after reviewing the purposes of uninsured motorist coverage, the court stated:

“It is our view that this coverage was intended to provide indemnity for damages resulting from an insured’s wrongful death caused by an uninsured motorist, payable to whatever person or persons may be entitled to bring an action under provisions of V.A.M.S., § 537.080, whether spouse, child or children, parent or parents, or administrator or executor. ...”
“We uphold that purpose [of uninsured motorist coverage] by declaring that the term ‘legal representative’ used in the *737policy, as it applies to a person or persons claiming damages for a wrongful death, includes all persons who may have the right to bring an action under V.A.M.S., Sec. 537.080, and that its meaning is not restricted to an administrator or executor. It is our specific ruling here that under . . . the legal effect of Coverage E, the plaintiff parents shall be considered as the ‘legal representative’ of the deceased unmarried child. . . . ” Sterns, 401 S.W.2d at 517 and 519. (Emphasis added).

It is clear that Norma, as the mother of Rhonda, has a claim for wrongful death under Marshall and Glona, supra, and hence is a “legal representative” within the terms of the uninsured motorist coverage under the authority of Sterns. Norma is a person who has a right of action under the wrongful death act and hence is included within the term “legal representative” to recover damages under Part IV of the policy for the death of Rhonda.

VII.

The right of the mother to recover damages, hinges, of course, on the question of whether Rhonda is an “insured” within the meaning of Part IV of the policy. Under the definition of insured, insured means the named insured, Robert, and any “relative”. “Relative” is defined as a “relative of the named insured who is a resident of the same household”. The appellant relies on several decisions18 to show that Rhonda is not a relative.

In uninsured motorist coverage, the meaning of relatives residing in the household is not absolute and inflexible. Generally, courts favor an interpretation to provide insurance coverage. See Widiss, A Guide to Uninsured Motorist Coverage, § 2.6, pp. 25-26 and 1978 Supp. at 6.

This is a case involving “uninsured motorist coverage” and not a case of a different hue. The term “relative” has been defined as “A kinsman; a person connected with another by blood or affinity.” Black’s Law Dictionary at 1453 (Revised 4th ed., 1968); See Insurance Co. of No. America v. Stevens, 425 F.2d 704 (5th Cir. 1978) (nephew is a “relative”).19 In an uninsured motorist case, a stepdaughter was held to be a relative “within the generally accepted meaning of the word.” Box v. Doe, 221 So.2d 666, 669 (La.App.1969).

Surely, the child here, Rhonda Lynn, is a “relative” within the meaning of that term in the policy. She is a person connected with Robert by blood. Notwithstanding the fact that an illegitimate child may not be a “relative” in other contexts as in the decisions relied upon by the appellant, we believe that so far as uninsured motorist coverage is concerned an illegitimate child is a “relative”, i. e., a person connected with another by blood of the insured, Robert Joe Cobb.20

VIII.

We also hold that the illegitimate child of the named insured, Robert Joe *738Cobb, under the unique facts here, was a member of the insured’s (Robert’s) “household” within the meaning of the uninsured motorist coverage.

Most decisions interpreting “household” deal with an exclusionary clause to safeguard the insurer against collusion and the natural partiality of an insured to members of the insured’s household or family circle. Giokaris v. Kincaid, 331 S.W.2d 633, 640 (Mo.1960).

In Mission Insurance Company v. Ward, 487 S.W.2d 449, 451 (Mo. banc 1972) “household” is defined as “those who dwell under the same roof and compose a family.” “Family is defined as ‘the body of persons who live in one house and under one head including parents, children, servants, and lodgers . . . .” Mission Insurance Company, 487 S.W.2d at 451.

“Household” is a chameleon like word. The definition depends on the facts of each case.21 It is difficult to deduce any general principles. One theory examines the length of time the parties intended to remain in the home and whether the arrangement is permanent or temporary. Mission Insurance Company, 487 S.W.2d at 451; Giokaris, 331 S.W.2d at 641. The other theory focuses on the functional character of the arrangement or whether the parties function as a family unit under one management. See Automobile Club Inter-Insurance Exch. v. Tonkins, 509 S.W.2d 802, 805 (Mo.App.1974); State Farm Mutual Automobile Ins. Co. v. McBride, 489 S.W.2d 229, 233 (Mo.App.1972).

Although for different purposes the meaning of the word may differ, “household” is a word to describe a close relationship, varying in detail, where people live together as a family in a closely-knit group, usually because of a close relationship by blood, marriage or adoption and who deal with each other informally and not at arms length. National Farmers Union Property & Cas. Co. v. Maca, 26 Wis.2d 339, 132 N.W.2d 517, 521 (1965); Note, 26 Drake L.Rev., supra, at 830.

While the relationship here was not a lawful union, there was substantial evidence that Robert lived, on a permanent basis with Norma and the children, Rhonda called him “Daddy”, the parties lived together as a single unit and were functioning as a family for several years. Robert acknowledged the child as his, he supported her to his ability, he gave her love and affection. In such circumstances, we hold that for the purposes of uninsured motorist coverage, Rhonda Lynn was, under the unique facts of this case, a member of the household of the insured.

IX.

Appellant contends that damages as to actual and pecuniary loss were not proved, that the court erred in admitting evidence of damages claimed by the mother, in giving Instructions 3 and 6 and in denying its motion to reduce judgment to reflect actual loss. We find these points to be without merit.

The recognized principle relating to damages for the wrongful death of a minor child is the value of the child’s services during minority22 and other expenses incurred by reason of wrongful death. Collins v. Stroh, 426 S.W.2d 681, 686 (Mo.App.1968); Hildreth v. Key, 341 S.W.2d 601, 613-614 (Mo.App.1960); Brewer v. Rowe, 363 Mo. 592, 252 S.W.2d 372, 376 (banc 1952).23

The measure of damages and the amount of the verdict in an action for *739wrongful death of a minor inherently involves some element of speculation and intangibles. Brewer, 252 S.W.2d at 377; Collins, 426 S.W.2d at 689. An award is not based on direct, positive evidence but upon probabilities which the jury must reasonably find. The jury has an extraordinarily wide discretion in determining the amount of recovery in such wrongful death cases. Aubuchon v. LaPlant, 435 S.W.2d 648, 650 (Mo.1968). The probabilities depend upon the child’s age, condition, health, mentality, personality and the parent’s ages and circumstances. In cases of this kind the award of damages can rest only on considerations of the most general character and much must be left to the common sense of the jury. Collins, 426 S.W.2d at 689.

The evidence here showed that Rhonda was a healthy, active, normal child. She helped around the house, Robert helped support the child, and Norma received financial assistance from Robert. Over the years the services of the child would have increased. There was substantial evidence relating to Rhonda’s condition, health, mentality, future development and services performed. In this posture we cannot say that damages were not proved or that Robert did not prove pecuniary loss or that the court erred in admitting evidence of damages claimed by the mother. Compare the evidence in Brewer v. Rowe, supra.

Appellant complains that Instructions 3 and 6 are erroneous because Norma Jean was not an insured under the policy and that Robert is the only party with any contractual rights. But since we have held that Norma Jean is a “legal representative” under the policy she had a right to sue and recover thereon.

The court did not err in giving Instructions 3 and 6.

We rule these contentions against appellant.

X.

Finally, appellant contends that the court erred in not granting its motion to reduce the amount of the judgment from $7,500.00 to the damages actually proved, hospital and funeral expenses — $5,033.45.

In view of the previous discussion, we cannot say that the award of approximately $2,500.00 in the case of this child was an excessive award of damages for the wrongful death of the child and that the trial court abused its discretion. This contention is without merit.

Having disposed of the points and contentions raised by the appellant, the judgment of the trial court is affirmed.

The judgment is affirmed.

MORGAN, C. J., and DONNELLY, J., concur. BARDGETT and SEILER, JJ., concur in part and dissent in part in separate opinions filed. FINCH, Senior Judge, dissents in separate dissenting opinion filed. RENDLEN, J., dissents and concurs in separate dissenting opinion of FINCH, Senior Judge. WELLIYER, J., not participating because not a member of the Court when cause was submitted.

. Norma testified that the marriage “did bother me. It bothers me still yet.” But “It didn’t change my feelings toward him.”

. A sworn statement of Virgil Earls was introduced in evidence. The statement indicated that he was involved in an automobile collision with Rhonda Lynn House on January 6, 1973, and on that date he did not carry liability insurance.

. Appellant’s counsel contended that Norma was not the real party in interest to recover any damages since she was not an insured under the policy. The court indicated that suit was brought by the father and mother as “legal representatives”.

. “Legally entitled to recover” means and denotes fault on the part of the uninsured motorist. The phrase involves causal negligence on the part of the uninsured motorist and the absence of contributory negligence when submitted and the resulting damage to the insured. Reese v. Preferred Risk Mutual Insurance Company, 457 S.W.2d 205, 208 (Mo.App.1970).

.Appellant contends that both Robert and Norma must possess both rights of being an insured and being able to maintain a wrongful death action. We do not agree. It is sufficient if Robert is an insured and Norma has a right to recover as a legal representative of Rhonda. The wrongful death action is relevant only as to whether the father has a right to recover under the contract.

. “In all cases . . the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education.” Section 475.025, RSMo 1969. See historical note § 457.020, 26A V.A.M.S., Appendix.

. Section 559.353, was adopted in 1965 after the White decision which now imposes the duty of support upon the father of an illegitimate child.

. In Levy, the Court assumed that the mother treated the children as a parent would treat a child, that she worked and supported the children. The court held that illegitimate children are not “nonpersons”. 88 S.Ct. at 1511 — “Legitimacy or illegitimacy of birth has no relation to the nature of the wrong allegedly inflicted on the mother. These children, though illegitimate, were dependent on her; she cared for them and nurtured them; . . . ”

. At the time of the father’s death the father resided and maintained a household with a woman to whom he was not married.

. “We therefore hold that once a State posits a judicially enforceable right on behalf of children to needed support from their natural fathers there is no constitutionally sufficient justification for denying such an essential right to a child simply because its natural father has not married its mother. . . Gomez v. Perez, 93 S.Ct. at 875.

.In recent years the illegitimate child is also entitled to maintain an action for the wrongful death of the father. Armijo v. Wesselius, 73 Wash.2d 716, 440 P.2d 471, 473 (banc 1968); Weaks v. Mounter, 88 Nev. 118, 493 P.2d 1307, 1310 (1972); In re Estate of Perez, 69 Misc.2d 538, 330 N.Y.S.2d 881, 887 (1972); Schmoli v. Creecy, 54 N.J. 194, 254 A.2d 525, 529, 38 A.L.R.3d 605 (1969); Carroll v. Sneed, 211 Va. 640, 179 S.E.2d 620, 622 (1971). See also annot. 38 A.L.R.3d at 613 (1971).

. See Schwartz, Rights of a Father with Regard to His Illegitimate Child, 36 Ohio State L.J. 1 (1975).

. See Schwartz, supra, 36 Ohio St.L.J. at 8.

. Such fathers have also been given rights of visitation. See 10 Am.Jur.2d, Bastards, § 62 at p. 78 (1978 Supp.).

. See Note on Holden: Note, 22 Buff.L.Rev. 1111 (1973). See Eckel v. Hassan, 61 A.D.2d 13, 401 N.Y.S.2d 820 (1978). See also, Moore v. Thunderbird, Inc., 331 So.2d 555 (La.App. 1976) — biological father entitled to maintain action for death. Relying on Glona, the court held that to apply a different rule to the father would deprive him of equality of rights. The issues of support and contact with the child are properly concerned with proof of paternity and the amount of damages to which a biological father may be entitled, and not to the basic right of the father to recover as a matter of law. Moore, 331 So.2d at 558.

. Under the facts of this case we need not decide whether every biological father, after hurdling the problems of proof, is entitled to commence a wrongful death action absent the above elements. We need not go as far as Moore v. Thunderbird, Inc., supra — that support and contact with the child are concerned with the amount of damages, not the right to recover.

. Claim for wrongful death is vested in both parents and creates an indivisible right. State ex rel. Slibowski v. Kimberlin, 504 S.W.2d 237, 239 (Mo.App.1973); Higgins v. Gosney, 435 S.W.2d at 657.

. Lavigne v. Ligue Des Patriotes, 178 Mass. 25, 59 N.E. 674 (1901); Succession of Wesley, 224 La. 182, 69 So.2d 8 (1953); State Farm Mutual Automobile Ins. Co. v. Smith, 206 Va. 280, 142 S.E.2d 562 (1965); Aetna Life insurance Co. v. McMillan, 171 F.Supp. 111 (N.D. Ohio 1958); Cooper v. Melvin, 223 Ga. 239, 154 S.E.2d 373 (1967); Butcher v. Pollard, 32 Ohio App.2d 1, 288 N.E.2d 204, 62 A.L.R.3d 1316 (1972); Haley v. Metropolitan Life Insurance Company, 434 S.W.2d 7 (Mo.App.1968).

. In Haley v. Metropolitan Life Insurance Company, supra, the court of appeals held that an illegitimate child is a “child” within the meaning of the Federal Employees Group Life Insurance Act.

.The decisions relied upon by appellant are either decisions rendered before the more recent cases expanding the rights of illegitimate children or parents, or are not controlling in this context. For example, Lavigne held that an illegitimate child is not a member of a beneficiary association since the father had no duty to support; Aetna Life Ins. Co. v. McMillan, supra —illegitimate child not covered by group life policy.

The modern trend and the majority of decisions hold that even for insurance purposes the word child of the insured is broad enough to encompass all offspring whether legitimate or not. See Annot., 62 A.L.R.3d 1329, 1332 (1975).

. See Note, Defining “Relative”, “Member of the Household”, etc., 26 Drake L.Rev. 824, 829 (1977).

. Under our recent decision of Mitchell v. Buchheit, 559 S.W.2d 528 (Mo. banc 1977) it is held that parents are entitled to establish reasonable probability of pecuniary benefits beyond the age of minority.

.The majority rule is that the court may admit evidence concerning the parents’ income and financial condition where such evidence has a reasonable tendency to show the extent of their pecuniary loss. Hildreth, 341 S.W.2d at 614.