Doyle v. Metropolitan Property Cas., No. Cv96-0252381s (Feb. 28, 1997)
Opinion of the Court
The parties stipulated to the following facts.
1. On August 8, 1994, the plaintiff, Sean Doyle ("Doyle"), was the owner and operator of a 1992 Chevrolet S10 Blazer which was traveling in an easterly direction on Academy Road in Cheshire, Connecticut. CT Page 1599
2. At this time, Doyle was the sole occupant of his vehicle.
3. At the same time, Angela Catone ("Catone") was the owner and operator of a 1987 Nissan Sentra which was proceeding in a westerly direction on Academy Road in Cheshire, Connecticut.
4. At the above time and place, Doyle was struck head-on by the Catone vehicle which had crossed the center line.
5. Doyle is claiming injuries resulting from this accident.
6. At the time of the accident, Doyle was insured by the defendant, Metropolitan Property and Casualty Insurance Company ("Metropolitan") with underinsured motorist coverage of $100,000 per person/$300,000 per accident.
7. A true and accurate copy of the policy in effect between Doyle and Metropolitan on August 8, 1994 is attached hereto as Exhibit A.
8. At the time of the accident, Catone had a $100,000 single limit liability policy issued by Liberty Mutual Insurance Company.
9. Doyle has been paid $33,382 under the Liberty Mutual policy for property damage and personal injuries.
10. The Catone policy has been exhausted by payments made to Doyle and to the estate of a deceased passenger in the Catone vehicle.
11. Doyle has brought the present action against Metropolitan for underinsured motorist benefits.
12. There are no other persons making an uninsured or underinsured motorist claim against the Metropolitan policy.
13. Catone was covered under no other liability policies which are available to satisfy Doyle's claim.
14. Doyle is covered under no other policies which are available to cover his claim.
Summary judgment must be granted if the pleadings, CT Page 1600 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. Conn. Practice Book § 384; 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. Dowling v. Kielak,
The determinative issue is whether the Catone vehicle is an underinsured vehicle in light of the plaintiff's underinsured motorist coverage of $100,000/$300,000 and the single limit liability coverage of $100,000. The plaintiff argues that since there was more than one claimant against the liability policy the court should compare the single limit $100,000 liability coverage to the $300,000 per occurrence underinsured coverage to allow recovery in this action. The defendant argues that the court should compare the single limit $100,000 liability coverage to the $100,000 per person underinsured coverage to preclude recovery in this action.
General Statutes §
The defendant argues that the language of the statute clearly supports its position by specifying that the applicable limits of CT Page 1601 liability must be less than the applicable limits under the uninsured policy, and that applicable means those limits available to the plaintiff. The insurance contract between the parties similarly provides for the applicable limits. Accordingly, the defendant argues, since the most the plaintiff individually could recover under either policy is $100,000, theapplicable limits of the liability are not less than the uninsured and the statute mandates a denial of coverage. The defendant argues that the applicable limits under §
D'Arcangelo v. Hartford Casualty Ins. Co.,
In adhering to the Appellate Court's holding in D'Arcangelo,
this court is troubled by the language regarding the policy behind the statute in American Motorists Ins. Co. v. Gould,
Courts construing statutes like 38-175c that compare uninsured motorist coverage limits with tortfeasor liability limits have generally held that the legislative objective was simply to give an insured who is injured in an accident the same resource he would have had if the tortfeasor had carried liability insurance equal to the amount of the insured's uninsured motorist coverage.
Clearly here, the tortfeasor did not have liability coverage equal to the uninsured coverage held by the plaintiff. Nevertheless, because our appellate courts have interpreted CT Page 1602 "applicable limits" in §
For the foregoing reasons, judgment may enter in favor of the defendant.
DiPentima, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.