DocketNumber: No. CV01 038 12 34S
Citation Numbers: 2002 Conn. Super. Ct. 14478
Judges: WOLVEN, JUDGE.
Filed Date: 11/15/2002
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff Vincent Belletto, does not contest that he was the owner/operator of the 1987 Chevrolet Corvette which was involved in a single vehicle collision on February 11, 1999. Nor, does the plaintiff dispute that this automobile was a listed vehicle on an insurance policy issued by the defendant, Kemper Casualty, but was not a listed vehicle on a policy he carried with Geico. The plaintiff argues that he carried uninsured coverage through Geico for other vehicles that he owned, and the provisions of Section 1 of that policy entitle him to coverage as "secondary coverage" in this instance.
Standard
Summary judgment must be granted if the pleadings, affidavits, and other documentary proof show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. P.B. § 17-49; Suarez v. Dickmont Plastics Corp.,
The purpose of summary judgment is to eliminate the delay and expense accompanying a trial where there is no real issue to be tried. Dowlingv. Kielak,
Discussion
"Our Supreme Court and Appellate Court repeatedly have held that the only manner and extent to which an insurer may limit its liability for underinsured motorist benefits to an insured-claimant is (1) if the insurer's policy of insurance so provides, and (2) the provision in the policy of insurance complies with General Statutes §
If any person insured for uninsured and underinsured motorist coverage is an occupant of an owned vehicle, the uninsured and underinsured motorist coverage afforded by the policy covering the vehicle occupied at the time of the accident shall be the only uninsured and underinsured motorist coverage available.
Regulation of Connecticut State Agencies §
Nonetheless, the plaintiff argues that the policy which Geico issued to the plaintiff for his other vehicles, read in whole, provides for uninsured coverage on the Corvette. Or, at least, the policy is ambiguous concerning this issue. The court is not persuaded. Section IV, subsection "Other Insurance," of Geico's policy clearly addresses the scenario in this case:
". . . If the insured is occupying an auto owned by that insured, only CT Page 14480 the Uninsured/Underinsured Motorists Coverage applicable to that auto will apply, and no other policies or provisions of coverage will apply." Moreover, this section is in complete accord with Connecticut General Statute §
The court finds that the recovery that the plaintiff seeks from the defendant, Geico, is precluded under Connecticut law and the unambiguous provisions of the insurance policy issued to the plaintiff by Geico. For these reasons, the motion for summary judgment is granted.
___________________ WOLVEN, JUDGE CT Page 14481