Simonette v. Great American Insurance
Simonette v. Great American Insurance
Opinion of the Court
The basic question presented by this reservation from the Superior Court is whether the existence of an automobile liability insurance policy with limits sufficient to satisfy the minimum Connecticut statutory requirements but insufficient to satisfy an admittedly valid tort claim against the operator of the insured Connecticut motor vehicle permits the classification of that vehicle as an “uninsured motor vehicle” within the meaning of the uninsured motorist provision in the claimant’s own automobile liability insurance policy.
The plaintiff’s action seeking an order directing the defendant insurance company to proceed with arbitration was reserved for the advice of this court on a stipulation of the following facts: On June 25, 1970, Joseph P. Simonette, Jr., hereinafter called Simonette, Jr., eighteen years of age, was a passenger in an automobile operated by William K.
The questions reserved for the advice of this court are: (1) Should an order issue directing the parties to this action to proceed to arbitrate the claim of the estate of Simonette, Jr., against Great
Section 38-175c of the General Statutes requires that every automobile policy issued in this state must contain a provision for “uninsured motorists coverage,” with limits for bodily injury or death not less than those specified in § 14-112 (a). The minimum coverage required by § 14-112 (a) is $20,000. Section 38-175a, in relevant part, authorizes the insurance commissioner to adopt rules and regulations “with respect to minimum provisions to be included in automobile liability insurance policies . . . and uninsured motorist coverages.” Pursuant to this authorization, the commissioner promulgated regulations which, referring to the limits of liability of uninsured motorist coverages, state in part that “[t]he limit of the insurer’s liability may not be less than the applicable limits for bodily injury liability specified in subsection (a) of section 14-112 of the 1969 supplement to the general statutes, except that the policy may provide for the reduction of limits to the extent that damages have been . . . paid by or on behalf of any person responsible for the injury.” Regs., Conn. State Agencies § 38-175a-6 (d).
Section 1-1 of the General Statutes provides that “[i]n the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language,” State v. Benson, 153 Conn. 209, 214, 214 A.2d 903; Baker v. Norwalk, 152 Conn. 312, 315, 206 A.2d 428. The terms “automobile liability insurance,” “insured,” and “uninsured” are words of common meaning and understanding. “Automobile liability insurance” is defined in Webster’s Third New International Dictionary as “insurance against loss from or legal liability for damages arising out of ownership, maintenance, or operation of a motor vehicle.” “Underinsurance” means “insurance in an amount insufficient to cover the possible loss or to satisfy the requirements of a coinsurance clause.” “Insured” means “the owner of a policy of insurance.” “Un” is simply .a prefix meaning “not.”
The plaintiff, unfortunately, is quite correct in labeling the situation in which he finds himself an anomaly. However, “[w] hile ... [$ 38-175c] should receive an equitable construction, courts cannot read into the terms of a statute something which manifestly is not there in order to reach what the court thinks would be a just result.” State v. Malm, 143 Conn. 462, 467, 123 A.2d 276. Much less does the plaintiff’s unfortunate circumstance justify this court’s disregarding the legislative mandate that words used in statutes “shall be construed according to the commonly approved usage of the language.” General Statutes § 1-1. A due regard for the differing functions of the legislative and judicial branches of government requires that the courts refrain from rewriting, under the pretext of interpretation, the clearly expressed language of a legislative enactment which .the court deems to be preferable to that which the legislation requires. “In the field of legislation, the legislature is supreme. Courts must apply legislative enactments according to their plain
We note further that the legislature already has addressed itself to some phases of the problem. Section 38-175c specifically includes insured motor vehicles “the insurer of which becomes insolvent prior to payment of . . . damages” within the scope of “uninsured motorists coverage.” In doing so it established one specific exception to the ordinary meaning of the word “uninsured,” no doubt in order to preclude one possible situation where the injured party would be better off had he been injured by one who was in fact “uninsured.” We might point out that the plaintiff’s uninsured motorist policy also specifically includes insured automobiles whose in
The defendant has cited numerous decisions from other jurisdictions purportedly on point with the case at bar. Many of the cases cited actually involve the situation where the tort-feasor had liability insurance below that required by the applicable financial responsibility law, a situation quite different from the one before us and one which we are not called upon to decide. Other jurisdictions have split on the precise issue presented here. See, e.g., Porter v. Empire Fire & Marine Ins. Co., 106 Ariz. 274, 475 P.2d 258 and Detrick v. Aetna Casualty & Surety Co., 261 Iowa 1246, 158 N.W.2d 99. They thus provide little support for the plaintiff’s position, particularly in light of the other considerations we have discussed.
Having answered the second question in the reservation “Yes,” we answer the first and third questions presented “No.”
No costs shall be taxed in this court for or against any party.
In this opinion House, C. J., Shapiro and Loxselle, Js., concurred.
Dissenting Opinion
(dissenting). I respectfully dissent.
The uninsured motorist statute is an .attempt to resolve the pressing problem of the financially irresponsible motorist. It is remedial legislation and should be liberally construed. Everett v. Ingraham, 150 Conn. 153, 157, 186 A.2d 798; Dempsey v. Tynan, 143 Conn. 202, 208, 120 A.2d 700. The purpose and scope of the minimum uninsured motorist protection required by §38-175e of the General Statutes and § 38-175a-6 of the regulations promulgated by the insurance commissioner is the dispositive issue in this appeal. Any provisions of any contract of insurance which conflict with the statute and regulations must give way to their requirements. General Statutes § 38-175d; Fidelity & Casualty Co. v. Darrow, 161 Conn. 169, 172, 286 A.2d 288.
It is true that neither the statute nor the regulations define the word “uninsured.” But the absence of a definition ought not to impede the achievement of their remedial aims by fostering the creation of exceptions. For this reason this case should not be decided solely on the basis of the literal meaning of a word. As Justice Reed of the United States Supreme Court has said: “When that meaning has led to absurd or futile results, . . . this Court has looked beyond the words to the purpose of the act. Frequently, however, even when the plain meaning did not produce absurd results but merely an unreasonable one ‘plainly at variance with the policy of the legislation .as a whole’ this Court has followed that purpose, rather than the literal words.” United States v. American Trucking Associations, Inc., 310 U.S. 534, 543, 60 S. Ct. 1059, 84 L. Ed. 1345.
This anomalous result should be avoided by holding that an automobile or motorist is “uninsured” within the meaning of our statute and regulations to the extent that the liability exceeds the amount of insurance actually available to the victim who has paid for uninsured motorist coverage. This construction is logical and reasonable, for when a tortfeasor’s liability is greater than his insurance coverage, he is clearly uninsured for the difference. Nor is there any problem of double coverage, since the regulations allow reduction of the uninsured motorist coverage “to the extent that damages have been
The provision of the regulations that the term “uninsured automobile” includes a vehicle insured by an insolvent company also supports the construction of “uninsured” that is urged. For even if an insurer becomes insolvent, its receiver might still allow a portion of the claim of the accident victim with uninsured motorist coverage. In such a case our statute and regulations would not prevent that victim from obtaining the deficiency from his own company. See Stephens v. Allied Mutual Ins. Co., 182 Neb. 562, 156 N.W.2d 133. There is no reason to distinguish the partial satisfaction of a claim by an insolvent company from the partial satisfaction of a claim by a solvent one.
My position is supported by the decisions of the courts of a number of other jurisdictions. Precisely on point is Porter v. Empire Fire & Marine Ins. Co., 106 Ariz. 274, 475 P.2d 258. Porter, who carried uninsured motorist coverage, was one of five persons injured in an automobile accident caused by a tort-feasor who carried the minimum liability coverage required by law. Porter’s share of that insurance came to $2500. The Arizona Supreme Court held that under the state Uninsured Motorist Law, Porter was entitled to recover an additional $7500 of his admitted damage under his own uninsured motorist coverage. The court said (p. 279): “The uninsured policy is issued for the protection of the insured in the minimum amount provided in the Financial Responsibility Act. Otherwise, . . . the insured might be better off if the offending motorist had no insurance whatsoever.
The courts of several other states
I would, therefore, answer the questions upon which advice is desired as follows: (1) “Yes,” (2) “No,” (3) “Yes.”
Taylor v. Preferred Risk Mutual Ins. Co., 225 Cal. App. 2d 80, 37 Cal. Rptr. 63; Kirkley v. State Farm Mutual Ins. Co., 17 Cal. App. 3d 1078, 95 Cal. Rptr. 427; Carrignan v. Allstate Ins. Co., 108 N.H. 131, 229 A.2d 179; Matter of Neals v. Allstate Ins. Co., 34 App. Div. 2d 265, 311 N.Y.S.2d 315; Matter of Buglione v. Motor Vehicle Accident Indemnification Co., 32 App. Div. 2d 525, 299 N.Y.S.2d 661; Allstate Ins. Co. v. Fusco, 101 R.I. 350, 223 A.2d 447; see also White v. Nationwide Mutual Ins. Co., 361 F.2d 785 (4th Cir.), and Stevens v. American Service Mutual Ins. Co., 234 A.2d 305 (D.C. App.), construing Virginia law.
Reference
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- Joseph P. Simonette v. Great American Insurance Company
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