DocketNumber: No. CV96-0388976S
Citation Numbers: 1998 Conn. Super. Ct. 11379
Judges: ZOARSKI, JUDGE TRIAL REFEREE.
Filed Date: 10/2/1998
Status: Non-Precedential
Modified Date: 4/18/2021
The tortfeasor, Sansone, carried an insurance policy with a liability limit of $300,000. No excess insurance or umbrella policies covered his liability in this matter.
The plaintiff and his wife, carried automobile insurance with Allstate, which provides underinsured motorist benefits. The plaintiff alleges that the amount paid by the tortfeasor was insufficient to cover the injuries sustained by the plaintiff and his wife in the accident. The plaintiff seeks underinsured motorist compensation from Allstate.
On May 22, 1998, Allstate moved for summary judgment, arguing that there is no genuine issue of fact concerning the lack of the defendant's liability to pay underinsured motorist benefits to the plaintiff. Allstate argues that it does not have the legal CT Page 11380 liability because the tortfeasor was not an "underinsured" motorist as defined by the applicable statute, case law and the subject insurance contract.
The plaintiff objects to the defendant's summary judgment motion, arguing that a genuine issue of material fact exists regarding whether the tortfeasor's motor vehicle was underinsured. Both parties have submitted memoranda of law to support their respective positions.
A "motion for summary judgment is designed to eliminate the delay and expense of litigating an issue when there is no real issue to be tried." Wilson v. New Haven.
Summary judgment "is appropriate only if a fair and reasonable person could conclude only one way." Miller v. UnitedTechnologies Corp.,
The movant has the burden of demonstrating the absence of any genuine issue of material fact. . . . [T]he party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact." (Emphasis in original.) Gupta v. New Britain General Hospital,
Connecticut General Statutes §
The issue in this case is what constitutes the "applicable limits of liability under the uninsured motorist portion" of the plaintiff's Allstate policy. Allstate argues that the applicable limit to be used is the $200,000 each person. The sum of the limits of liability on the Sansone policy for bodily injury was $300,000, a sum greater than the applicable uninsured motorist coverage limit for each claimant. The plaintiff concedes that if the liability insurance of $300,000 is compared to the $200,000 per person underinsured motorist limit, then Sansone's vehicle was not underinsured and recovery under the Allstate policy is not allowed. If the $300,000 liability insurance is compared to the $600,000 per accident limit, however, then the tortfeasor's motor vehicle meets the definition of an underinsured vehicle. Plaintiff's Memorandum of Law p. 5.
In D'Arcangelo v. Hartford Casualty Ins. Co.,
The plaintiff argues that regardless of the Connecticut Supreme Court's interpretation of §
In Part V (Uninsured Motorist Coverage/Underinsured Motorist Coverage/Coverage SS) of the plaintiff's Allstate policy, an underinsured auto is defined as "an auto which has a liability bond or liability insurance in effect and applicable at the time of the accident, but in an amount less than the applicable limits of liability for Uninsured and Underinsured Motorist coverage shown on the declarations page." The policy further provides in Part V:
Limits of Liability
The coverage limits shown on the declarations page for:
1. "each person" is the maximum that we will pay for damages arising out of bodily injury to one person in any one motor vehicle accident, including damages sustained by anyone else as a result of that bodily injury.
2. "each accident" is the maximum that we will pay for damages arising out of bodily injury to two or more persons in any one motor vehicle accident. The limit is subject to the limit for "each person."
"`Where the language of the contract is clear and unambiguous, the contract is to be given effect according to its terms. A court will not torture words to import ambiguity wherethe ordinary meaning leaves no room for ambiguity. . . .Similarly, any ambiguity in a contract must emanate from thelanguage used in the contract rather than from one party'ssubjective perception of the terms. . . . 24 Legett StreetPartnership v. Beacon Industries, Inc.,
The plaintiff argues that the applicable limit of liability for underinsured coverage in the present case is the "each accident" limit of $600,000, since the damages sought arose out of bodily injury to two or more persons. The plaintiff further argues that the language "[t]his limit is subject to the limit for each person," which is also contained in the "each accident" limit, is not relevant in determining the applicable limits of liability for purposes of §
In the present case, the only ambiguity in the language of the plaintiff's Allstate policy emanates from the plaintiff's subjective perception and application of the policy's terms, not the language of the policy itself. The language of the policy is clear and unambiguous and when accorded its natural and ordinary meaning, the applicable limit of liability for underinsured coverage is the limit of $200,000 for "each person." Nothing in the specific language of the plaintiff's Allstate policy removes this case from the application of the court's reasoning inD'Arcangelo v. Hartford Casualty Ins. Co., supra.
Since the $300,000 limit of liability under the tortfeasor's policy is not less than the $200,000 applicable limit of liability under the plaintiff's underinsured policy, the tortfeasor's automobile was not underinsured. Therefore, the defendant's motion for summary judgment is granted.
Howard F. Zoarski Judge Trial Referee