Stiles v. Hartford Casualty Insurance
Stiles v. Hartford Casualty Insurance
Opinion of the Court
The plaintiff appeals from the judgment of the trial court granting the defendant’s motion for summary judgment. The plaintiff claims that the trial court improperly (1) granted the defendant’s motion to reargue its original motion for summary judgment and (2) determined that § 1 (f) of Public Acts 1993, No. 93-297 (P.A. 93-297), codified at General Statutes (Rev. to 1995) § 38a-336 (f), did not permit her to claim underinsured motorist benefits under her employer’s insurance policy with the defendant. The second issue, which is dispositive, was decided by our Supreme Court in Reliance Ins. Co. v. American Casualty Co. of Reading, Pennsylvania, 238 Conn. 285, 679 A.2d 925 (1996), after oral argument in this case. In accordance with this decision, we reverse the judgment of the trial court.
The following allegations made by the plaintiff in her May 20, 1994 complaint are relevant to our resolution of this appeal. On October 16, 1992, the plaintiff was operating a motor vehicle owned by her employer, Willow Brook Shopper, Inc., when a vehicle operated by Donna Dumont collided with her car. The plaintiff suffered injuries and brought a claim for damages against Dumont. The plaintiff received compensation that exhausted the automobile liability coverage of Dumont’s insurance, but did not fully compensate the plaintiff for her injuries. The defendant, Hartford Casualty Insurance Company, refused to pay the plaintiff underinsured motorist benefits pursuant to her employer’s insurance policy.
On June 8, 1995, the defendant filed a motion to reargue its motion for summary judgment. The defendant argued that “it appears that the trial court’s attention was not directed to the fact that P.A. 93-297 brought about a substantive change in the law that could not be applied retroactively. Moreover, P.A. 93-297 affirmatively provided that the amendment to the statute was to apply to acts or omissions occurring on or after January 1, 1994.” The plaintiff objected, arguing that pursuant to Practice Book § 204B, a motion to reargue must be filed within twenty days of the issuance of the notice of a decision. The plaintiff further asserted that the court had not improperly denied the motion for summary judgment.
On June 26,1995, the trial court reversed itself, vacating its original order and granting the defendant’s motion for summary judgment. The court determined that P.A. 93-297, § 1 (f), applied only to acts or omissions occurring on or after January 1, 1994.
Public Act 93-297, § 1 (f), enacted after CNA Ins. Co. v. Colman, supra, 222 Conn. 769, provides: “Notwithstanding subsection (a) of section 31-284, an employee
“As an intermediate appellate court, we must follow the precedent of our Supreme Court .... Burton v. Planning Commission, 13 Conn. App. 400, 409, 536 A.2d 995 (1988), aff'd, 209 Conn. 609, 553 A.2d 161 (1989).” (Internal quotation marks omitted.) State v. Zoravali, 34 Conn. App. 428, 440 n.10, 641 A.2d 796, cert. denied, 230 Conn. 906, 644 A.2d 921 (1994).
In this opinion the other judges concurred.
In view of our resolution of tire dispositive issue, we do not review the first issue.
Because this case had already been placed on the assignment list, the defendant moved for permission to file its motion for summary judgment pursuant to Practice Book § 379, and the trial court granted permission.
“ ‘The standard of review of a trial court decision granting a motion for summary judgment is well settled and is not challenged in this case. Pursuant to Practice Book § 384, summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted 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. ... In deciding a motion for summary
Representative Richard D. Tulisano stated: “Since this law doesn’t go into effect until . . . January, 1994 ... I think the courts might look at this as [a] restatement of legislative intent .... I just note that we have always understood that the workers’ comp, carriers had a lien on any proceeds and therefore, they were always covered and I think a Supreme Court decision was just out of the ordinary in this area.” H.R. Proc., Pt. 27, 1993 Sess., p. 9674.
The plaintiffs eligibility for workers’ compensation benefits has not been contested in this action.
See Prudential Property & Casualty Ins. Co. v. Bannon, 233 Conn. 243, 250 n.5, 658 A.2d 567 (1995).
A motion for reconsideration or reargument raising the point that 8 29 of P.A. 93-297 was not addressed in the court’s opinion in Reliance Ins. Co. was denied.
Reference
- Full Case Name
- JUDITH STILES v. HARTFORD CASUALTY INSURANCE COMPANY
- Cited By
- 3 cases
- Status
- Published