Middlesex Ins. Co. v. Quinn, No. 311843 (Jun. 6, 1991)
Opinion of the Court
At the time of the accident, Quinn lived with his father, who was insured by Middlesex under two automobile liability policies [the policy] covering five vehicles. Each of the five vehicles was insured for $20,000. in underinsurance coverage. Quinn sought to aggregate the coverage available for the five vehicles and collect $100,000. in underinsurance benefits from Middlesex under his father's policy. Quinn's vehicle was not insured by Middlesex at the time of the loss and Quinn was not named as an insured under the Middlesex policy.
Middlesex denied coverage to Quinn, claiming that he was not a covered person under his father's policy. Quinn sought arbitration pursuant to Connecticut General Statutes
On February 1, 1991, the arbitration panel, in a 2 to 1 decision, awarded Quinn $83,333.33 (per pre-hearing stipulation, Middlesex received $16,666.67 credit for the amount paid by the tortfeasor). The majority found that Middlesex's resident-relative definition was invalid under Connecticut Statutes, regulations and case law, and that Quinn was therefore a covered person. One arbitrator dissented, finding that Quinn was not a covered person under the policy's definition and that Connecticut law does not require Quinn to be covered under these facts.
On February 19, 1991, Middlesex moved to vacate the decision pursuant to Connecticut General Statutes
"Questions of law decided by arbitrators in compulsory arbitration proceedings pursuant to General Statutes
The policy provision in dispute, which is located in the "definitions" portion of the Middlesex policy on page one and which is written relevant to the policy holder, provides:
You, your, yourself means the person named on the declarations page and the person's husband or wife if a resident of the same household.
You, your, yourself also means a member of the family who is a resident of the household and who doesn't own a car or whose spouse doesn't own a car.
Middlesex argues that Quinn is not an insured, or covered person, under his father's policy because Quinn owns a car. Middlesex further argues that before Quinn becomes entitled to underinsurance benefits he must be a covered person under the policy as a whole, including liability benefits. Therefore, under these facts, Quinn is not a covered person under his father's policy. Additionally, Middlesex argues that it is not required to provide underinsurance coverage to a person who is neither an insured nor an occupant of a covered vehicle.
In support of upholding the arbitration award, Quinn argues that the definition of covered persons in Middlesex's policy violates Connecticut law and its public policy in that the policy excludes certain resident relatives from underinsurance coverage. Quinn further argues that the covered person definition impermissibly operates as an anti-stacking provision. Quinn cites and attaches several out-of-state cases in support of his arguments.
The Connecticut Supreme Court recently addressed the validity of an insurance policy provision similar to the Middlesex CT Page 5518 provision. In Smith v. Nationwide Mutual Ins. Co.,
Nevertheless, the plaintiff argued that the policy exclusion was invalid "in the context of uninsured/underinsured motorist coverage." Id. The court disagreed, finding that the plaintiff was not an insured under the uninsured motorist coverage provision of the policy because she was neither a family member nor injured in a covered car. Id. at 739.
These provisions are not exclusions from coverage but rather simply definitions of who is an `insured' and a `covered person' under the terms of the policy. `In an insurance policy, an exclusion is a provision which eliminates coverage where, were it not for the exclusion, coverage would have existed.'. . . `It is apparent, then, that before the need for an exclusion arises, there must first be coverage within the defined scope of the policy.'
Id. at 740-41 (citations omitted), quoting Hammer v. Lumberman's Mutual Casualty Co.,
In sum, the court upheld the provision excluding a resident family member from coverage when driving his or her own automobile. See Travelers Ins. Co. v. Kulla,
Here, as in Smith, Quinn, a resident relative, is not covered by his father's insurance policy because he owns a car. The Middlesex policy and the policy in Smith differ in that the Smith policy excludes from coverage cars owned by family members while the Middlesex policy excludes family members who own cars. Under the facts presented in this case, however, the two policies have the identical effect in that a resident family member is not a covered person because he owns a car. Accordingly, because Smith CT Page 5519 controls this case, Quinn is not a covered person under the Middlesex policy.
Nevertheless, Quinn argues that the Middlesex definition should be invalidated because it excludes him from liability and underinsurance coverage even if he were driving a car covered by the policy and thereby prevents him from stacking, or aggregating, coverage to which he should be entitled. He argues that because he owns a car, he is precluded from any coverage, in violation of Connecticut public policy expressed in the Financial Responsibility Law at Connecticut General Statutes
Quinn's argument is irrelevant to the present dispute because Quinn requests the court to invalidate the Middlesex definition based on hypothetical facts. The scenario posited by Quinn is not before the court. Under the facts of this case, Quinn is not a covered person under the policy and is not entitled to the underinsurance benefits awarded him by the arbitration panel.
Accordingly, the plaintiff's motion to vacate the arbitration award is granted; the application to confirm the award is denied.
Barry R. Schaller, Judge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.