Griffith v. Security Insurance
Griffith v. Security Insurance
Opinion of the Court
This case arose from an accident in which the fifteen-year-old plaintiff, Richard Griffith, son of the plaintiffs Granville and Violet Griffith, was injured. The accident involved his bicycle and an uninsured automobile. At the time of the accident, there was in effect an automobile insurance policy issued by the defendant to Gran-ville Griffith. The plaintiffs applied to the Superior Court for an order directing the defendant company to proceed with arbitration in accordance with the provisions of § 52-410 of the General Statutes and the decision of this court in Frager v. Pennsylvania General Ins. Co., 155 Conn. 270, 231 A.2d 531. In their application, the plaintiffs alleged that by the
The decisive issue before the trial court was whether Bichard was an insured under the terms of the policy issued to his father. Part IV of the policy concerning “Protection Against Uninsured Motorists” provided for protection for “the insured or his legal representative.” Under “Definitions” Part IV provided: “The definitions under Part I, except the definition of ‘insured,’ apply to Part IV
On its appeal the defendant assigned as error the conclusions of the court to which we have just referred, claiming that the facts set forth in the finding do not support them. It has further assigned error in three paragraphs of the court’s finding as facts found without evidence and in refusing to find material facts as set forth in eleven paragraphs of the defendant’s draft finding which facts the defendant claims were undisputed.
Before discussing the assignments of error, it is pertinent to refer again to the general rules governing the interpretation of written contracts, including insurance policies. “When the language of a policy is plain and unambiguous the terms must be accorded their natural and ordinary meaning. LaBonte v. Federal Mutual Ins. Co., 159 Conn. 252, 256, 268 A.2d 663; Lyon v. Aetna Casualty & Surety Co., 140 Conn. 304, 99 A.2d 141.” DeRubbo v. Aetna Ins. Co., 161 Conn. 388, 392, 288 A.2d 430. “A court
The common and ordinary meaning of “household” as defined in Webster’s Third New International Dictionary is: “those who dwell under the same roof and compose a family: a domestic establishment; specif: a social unit comprised of those living together in the same dwelling place.” To the same effect, see 41 C.J.S. 367; see also Rathbun v. Aetna Casualty & Surety Co., 144 Conn. 165, 169, 128 A.2d 327.
As we have noted, the defendant has attacked the court’s conclusion that the plaintiffs Granville and Richard were residents of the same household. “The court’s conclusions are to be tested by the finding. Brockett v. Jensen, 154 Conn. 328, 331, 225 A.2d 190. The conclusions reached by the court must stand
It is not questioned that Granville and Violet Griffith had been divorced for four years at the time of the accident in question. She lived with their son Richard and their other sons and daughters at 93 Whiting Street, and Granville lived at 450 Main Street about one-half mile away. The divorce did not significantly change the relationship between Granville and the children; he supported them, saw them frequently, took them on trips and was visited by them, including Richard, at his Main Street address. He frequently went to 93 Whiting Street, often stayed overnight and baby-sat there. He also kept clothes and a razor at 93 Whiting Street and had meals with his children three to seven times a week. All of these uncontested findings clearly indicate a close paternal relationship between Gran-ville Griffith and his children but, in view of the fact that it is also undisputed that he lived at 450 Main Street, one-half mile away from 93 Whiting Street, they do not support an additional finding that he lived at 93 Whiting Street so that he and Richard were members of the same household, and that finding has been attacked.
Several paragraphs of the defendant’s draft finding recited facts relevant to Granville’s maintenance of his own separate apartment and household on Main Street from which he frequently visited
The finding, with the addition of those facts to it, clearly does not support the court’s conclusion that the plaintiffs Granville Griffith and Richard Griffith were residents of the same household and,
Over the years, many courts have been faced with the similar problem of deciding whether on a given state of facts individual persons are members of a particular household and, in each case, the decision has depended upon the particular factual circumstances, involved. These factual circumstances are so varied that the decisions themselves are of little precedential value. For example, the facts in the case most heavily relied upon by the plaintiffs, Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur, 35 N.J. 1, 170 A.2d 800, differ in significant detail from the present case. That case involved a policy issued to a Mr. Selger which was “curiously hybrid in nature.” Id., 6. Of the policy, the New Jersey Supreme Court observed that “the insurer undertook to blend into one instrument a general public liability premises policy and a comprehensive personal liability policy.” Ibid. “Premises” were defined as “all premises where the Named Insured or his spouse maintains a residence.” Ibid. The insured premises consisted of a single 2.46-acre tract owned by Mr. Selger on which were located both a house and a bungalow situated 150 feet apart. No physical barrier interfered with free movement about the tract. Id., 3. Mr. and Mrs. Selger were married. She lived in the bungalow with their son and he lived in the house, and, pursuant to a pendente lite court order issued in a separate maintenance action, he provided the bungalow for his wife and son. There was no custody order entered regarding the son. Id., 4. The plaintiff secured a verdict against
There is error and the case is remanded with direction to render judgment denying the plaintiffs’ application for an order directing the defendant to proceed with arbitration.
In this opinion Shapiro, Loiselle and MacDonald, Js., concurred.
Dissenting Opinion
(dissenting). The majority opinion apparently holds that the term “household” is unambiguous and means “those who dwell under the
When the terms of an insurance policy are plain and unambiguous, they are to be accorded their natural and ordinary meaning. LaBonte v. Federal Mutual Ins. Co., 159 Conn. 252, 256, 268 A.2d 663; Raffel v. Travelers Indemnity Co., 141 Conn. 389, 392, 106 A.2d 716. When, however, the words of an insurance contract are, without violence, susceptible of two or more interpretations, that which will sustain the claim and cover the loss must, in preference, be adopted. Raffel v. Travelers Indemnity Co., supra; King v. Travelers Ins. Co., 123 Conn. 1, 4, 192 A. 311; Dickinson v. Maryland Casualty Co., 101 Conn. 369, 379, 125 A. 866. Courts follow that rule because the insurance company’s attorneys, officers, or agents prepare the policy and it is their language that must be interpreted. Scranton v. Hartford Fire Ins. Co., 141 Conn. 313, 316, 105 A.2d 780; King v. Travelers Ins. Co., supra; Rinaldi v. Prudential Ins. Co., 118 Conn. 419, 424, 172 A. 777;
Words such as “family” and “household” can have a variety of meanings depending upon the facts to which they must be applied. See Rathbun v. Aetna Casualty & Surety Co., 144 Conn. 165, 168, 128 A.2d 327. They “cannot be so limited and strait-jacketed as always to mean, regardless of facts and circumstances, a collective body of persons who live in one house under one common head or manager.” Johnson v. State Farm Mutual Automobile Ins. Co., 252 F.2d 158, 161 (8th Cir.). It is true that the word household is frequently used to designate persons related by marriage or blood, who dwell together as a family under a single roof; see note, 78 A.L.R.2d 1404, 1405; but numerous cases have held that members of a family need not actually reside under a common roof in order to be deemed part of the same household. See, e.g., American Service Mutual Ins. Co. v. Pugh, 271 F.2d 174 (8th Cir.); Aetna Casualty & Surety Co. v. Miller, 276 F. Sup. 341 (D. Kan.); Lumbermens Mutual Casualty Co. v. Continental Casualty Co., 387 P.2d 104 (Alaska); Central Manufacturers’ Mutual Ins. Co. v. Friedman, 213 Ark. 9, 209 S.W.2d 102; Hardware Mutual Casualty Co. v. Home Indemnity Co., 241 Cal. App. 2d 303, 50 Cal. Rptr. 508; Cal-Farm Ins. Co. v. Boisseranc, 151 Cal. App. 2d 775, 312 P.2d 401; Taylor v. State Farm Mutual Automobile Ins. Co., 171 So. 2d 816 (La. App.), aff’d, 248 La. 246, 178 So. 2d 238; American Casualty Co. v. Harleysville Ins., 238 Md. 322, 208 A.2d 597; Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur, 35 N.J. 1, 170 A.2d 800; Teetsel v. Nationwide Mutual Ins. Co., 37 Pa. D. & C.2d 246; American States Ins. Co.
Cases discussing the term “household” are collected and discussed in note, 46 A.L.R.3d 1026; note, 78 A.L.R.2d 1404; note, 50 A.L.R.2d 120; note, 1 A.L.R.2d 561; and 19 A Words & Phrases (Perm. Ed.) 481. While they are by no means consistent, the cases interpreting insurance policies can be divided into two categories: those involving clauses that exclude from coverage members of the insured’s household and those that extend coverage to such persons. Both categories attempt to sustain the insured’s claim by applying the rules of construction stated above. Thus, in the extension cases “household” is broadly interpreted, while in the exclusion cases it is given a more restricted meaning. Cal-Farm Ins. Co. v. Boisseranc, supra, 782.
In Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur, supra, a leading case on the construction of the word “household,” a father owned property on which a house and bungalow were located. His wife and son lived in the bungalow while he lived 150 feet away in the house. The couple were separated and the wife had custody of the son, although the boy had a close relationship with his father and had the freedom of both the bungalow and the house. A neighbor, who was seriously wounded when the boy fired a shotgun at him, recovered a $10,000 verdict against the mother. The issue in the case was whether the mother and son were residents of the father’s household since coverage was extended to such persons under the father’s liability insurance contract with the defendant.
The facts in the present ease show that the father was in a substantial sense a member of the same “household” as his son. While the father had his own room on Main Street, he spent a considerable amount of time with his children and family, including his former wife, on Whiting Street, staying overnight on numerous occasions, baby-sitting for his former wife, keeping some of his clothes there and having equipment there. He supported his children and was close to all of them, especially the plaintiff Richard.
The father, reading the insurance contract, would not be likely to understand the word “household” as excluding his children from protection. The defendant’s experts, in writing such a contract, should define language with such precision and clarity that the ordinary man will have no difficulty understanding what he is buying. See Scranton v. Hartford Fire Ins. Co., 141 Conn. 313, 316, 105 A.2d 780; Bessette v. Fidelity & Casualty Co., 111 Conn. 549, 555, 150 A. 706. The use of innocuous language in
Since the father and the plaintiff son lived together at Whiting Street and to a lesser degree át Main Street under circumstances that amply disclosed a “substantially integrated family relationship,” the requirements of the policy were met. I find myself in complete agreement with the trial court’s conclusion that the plaintiff Richard was a resident of his father’s household.
I would find no error and would reaffirm the order to arbitrate.
That holding is somewhat diluted by the majority’s attempt to distinguish the facts of Mazzilli v. Acc. & Cas. Ins. Co. of Winterthur, 35 N.J. 1, 170 A.2d 800, from the facts of the present case insofar as the Mazzilli case held, as a matter of law, that “household” is an ambiguous term that cannot be restricted to a “one family-one roof” meaning.
Reference
- Full Case Name
- Richard Griffith Et Al. v. Security Insurance Company of Hartford
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- 43 cases
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- Published