Weingarten v. Allstate Insurance
Weingarten v. Allstate Insurance
Opinion of the Court
This is an appeal from a judgment of the Superior Court denying the plaintiff’s application for an order directing the defendant to proceed with arbitration of her claim against an unidentified motor vehicle operator. The facts, which are not the subject of dispute, are as follows: On December 4, 1968, the plaintiff was operating her husband’s insured automobile on route 12, a public highway in Ledyard. While operating this automobile northerly on route 12, an unidentified automobile proceeding northerly directly in front of the plaintiff suddenly and without warning came to a halt. As a result of the stopping of the unidentified vehicle in front of her, the plaintiff skidded into the southbound lane and collided with another automobile operated by Stephen P. Cormier in a southerly direction on route 12. The collision with the Cormier vehicle resulted in bodily injuries to the plaintiff.
The plaintiff has been unable to determine the name of the operator or owner of the vehicle which stopped suddenly in front of her and she has no knowledge of any available or applicable insurance on that vehicle.
On the date of the accident, there was in effect an automobile insurance policy with “uninsured motorist coverage” issued by the defendant to Morris P. Weingarten, the husband of the plaintiff. As the wife of the named insured living in his household, the plaintiff was an insured person covered by the policy. The policy contained a written agreement for arbitration. The plaintiff made a claim against the defendant under the uninsured motorist protection provisions of the policy and made demand that the defendant arbitrate her claim.
On the basis of the foregoing facts, the court reached the following conclusions to which the plaintiff has assigned error: coverage for a hit-and-run motorist was not included within the coverage afforded under the uninsured motorist clause of the policy in question; the insurance policy in question complied with the applicable provisions of statute and regulation for minimum coverage as to uninsured motorists. The court also overruled the plaintiff’s claims of law that (1) under the provisions of § 38-175c of the General Statutes, and administrative regulations supplementary thereto; Regs. Conn. State Agencies $ 38-175a-6; a no-contact accident with an unidentified automobile should be included within the minimum limits of uninsured motorists coverage of an automobile liability policy; and (2) since the uninsured motorist clause did not exclude coverage for a no-contact accident with an unidentified vehicle, such coverage was included. Conclusions are not erroneous unless they violate law, logic or reason or are inconsistent with the subordinate facts. The court’s conclusions are to be tested by the findings and not the evidence. Hames v. Hames, 163 Conn. 588, 592, 316 A.2d 379; Hutensky v. Avon, 163 Conn. 433, 437, 311 A.2d 92. Conclusions logically supported by the finding must stand. Freccia v. Martin, 163 Conn. 160, 162, 302 A.2d 280.
At the time of the accident in question, the controlling statutes were those adopted by 1967 Public Acts, No. 510, which was in part incorporated into
We conclude that the trial court correctly held that the requirements of the statute and regulations were met by the defendant’s policy in effect at the time of the accident and that the uninsured motorist coverage of the policy does not include coverage in the present situation where the accident was caused by an unidentified motorist and it is impossible to ascertain whether or not that motorist was insured.
The statute and regulations do not define “uninsured motorist” or in any way refer to what are commonly called hit-and-run operators. They merely require that every policy contain “uninsured motorist coverage.” “"[C]ourts 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
The plaintiff’s policy contained the coverage required by the statute and regulations and defined an uninsured automobile as already indicated. It is to be noted that unlike the express provisions of the policy discussed in Frager v. Pennsylvania General Ins. Co., 155 Conn. 270, 272, 231 A.2d 531, and many cases noted in Later Case Service, supplementing the note in 79 A.L.R.2d 1252, the plaintiff’s policy did not make any provisions, even of a limited nature, for the circumstances of a hit-and-run accident. The plaintiff contends that the phrase in the policy “no bodily injury liability insurance applicable at the time of accident” covers the unidentified motorist situation. Further, the plaintiff
We find such reasoning persuasive. The terms of the insurance policy issued by the defendant in the present case are clear and unambiguous. The applicable Connecticut rule of construction of insurance policies is fully stated in Porto v. Metropolitan Life Ins. Co., 120 Conn. 196, 200, 180 A. 289. “If the terms of an insurance policy are of doubtful meaning, that permissible construction which is most favorable to the insured is to be adopted; but if they are plain and unambiguous the established rules for the construction of contracts apply, the language, from which the intention of the parties
There is no error.
In this opinion Loiselle and MacDonald, Js., concurred.
“[General Statutes] See. 38-175a. minimum provisions in automobile liability policies, (a) Within ninety days from October 1, 1967, and from time to time thereafter, the insurance commissioner shall adopt regulations with respect to minimum provisions to be included in automobile liability insurance policies issued after the effective date of such regulations and covering private passenger automobiles registered or principally garaged in this state. Such regulations shall relate to the insuring agreements, exclusions, conditions and other terms applicable to the bodily injury liability, property damage liability, medical payments and uninsured motorists coverages under such policies and shall make mandatory the inclusion of bodily injury liability, property damage liability and uninsured motorists coverages. . . .
“See. 38-175b. minimum coverage. Every such policy shall provide insurance in accordance with such regulations against loss resulting from the liability imposed by law, with limits not less than those specified in subsection (a) of section 14-112, for damages because of bodily injury or death of any person and injury to or destruction of property arising out of the ownership, maintenance or use of a specific motor vehicle or motor vehicles within the state, or elsewhere in the United States in North America or in the Dominion of Canada.
“See. 38-175e. uninsured motorist coverage. Every such policy shall provide insurance in accordance with sueh regulations, "with
“Sec. 38-175d. policies deemed to provide coverage in accordance with regulations. Policies affording bodily injury liability, property damage liability and uninsured motorist coverages to which the provisions of sections 38-175a to 38-175e, inclusive, apply shall be deemed to provide insurance under such coverages in accordance with such regulations. Policies affording medical payments coverage to which the provisions of said sections apply shall be deemed to provide insurance under such coverage in accordance with such regulations.”
Dissenting Opinion
(dissenting). The basic issue in this case is whether the policy issued by the defendant as governed by state law and regulations affords uninsured motorist protection to the plaintiff where the alleged tortfeasor was unidentified. In this state, the interpretation of automobile liability insurance policies is affected by two considerations. As the policy constitutes a contract between the insured and the insurer, we apply the words of the agreement to execute the intentions of the parties as manifested thereby. Marcolini v. Allstate Ins. Co., 160 Conn. 280, 283, 278 A.2d 796. “Con
The parties bargained that the insured was to receive uninsured motorist coverage. The principle of insurance law which provides that where there is ambiguity, coverage is to be presumed, is in conformance with contract principles requiring a court to construe a clause against the party who drew up that clause. A. M. Larson Co. v. Lawlor Ins. Agency, Inc., 153 Conn. 618, 622, 220 A.2d 32; 17A C.J.S., Contracts, § 324. Furthermore, motorists purchase insurance not merely to fulfill a public responsibility, but, more fundamentally, to forestall their own possible financial suffering and ruin, arising from their use of the highways. The clear purport of uninsured motorist coverage is that where the tortfeasor cannot be made to defray the motorist’s damages from bodily injury caused by the accident, the insured’s insurance company will, at least to the limits of the policy. Bryant v. State Farm Mutual Automobile Ins. Co., 205 Va. 897, 140 S.E.2d 817; Southern v. Lumbermens Mutual Casualty Co., 236 F. Sup. 370, 372 (W.D. Va.).
Independently of the terms of the policy, the legislature has required uninsured motorist coverage.
In requiring that coverage to extend to damage inflicted by unidentified motorists, the state has considerations additional to protecting the accident victim from financial disaster. In Connecticut, the coverage is part of a plan to encourage the financial responsibility of motorists. 12 H.R. Proc., pt. 8, 1967 Sess., p. 3296. The purchase of the motorist liability policy benefits the individual, the insurance company and the public. In addition to liability coverage, the policy protects the insured against the uninsured public, and the public against a motorist who would otherwise be uninsured. Touchette v. Northwestern Mutual Ins. Co., supra, 332. The intent to close off gaps on insurance coverage has been consistently manifested, most recently in the enactment of Connecticut’s no-fault insurance law. See General Statutes c. 690; Gentile v. Altermatt, 169 Conn. 267, 363 A.2d 1. Thus,
The defendant, in its brief, contends that even if coverage with respect to unidentified motorists were mandated by a provision concerning them, such coverage should not apply to the plaintiff in the present case, because there was no contact between her vehicle and that of the unidentified motorist.
The rationale of the contact requirement is that it prevents fraud. Mason v. Farmers Insurance Exchange, 13 Ariz. App. 298, 300, 475 P.2d 957, vacated on other grounds, 107 Ariz. 601, 491 P.2d 455; annot., 25 A.L.R.3d 1299. Indirect physical contact, however, has been found to satisfy the requirement. Latham v. Mountain States Mutual Casualty Co., 482 S.W.2d 655, 657 (Tex. Civ. App.); Inter-Ins. Exchange of The Automobile Club of
This does not imply that every plaintiff should automatically recover a claim under uninsured motorist provision coverage. What is required by the statutes, as since amended, and by the terms of the plaintiff’s policy, is that the ease move to arbitration, where the claims of the plaintiff can be weighed against the insurer’s claim that the accident was caused by a phantom tortfeasor. The trier of fact would be able to judge the credibility of the claimant, and whether recovery should be barred due to her negligence.
I would find error and set aside the judgment and remand the case with direction to render judgment granting the relief prayed for in the plaintiff’s application.
In this opinion Bogdanski, J., concurred.
See footnote I of the majority opinion.
“[Regs. Conn. State Agencies] See. 38-175a-6. minimum provision nor protection against uninsured motorists, (a) Coverage. The insurer shall undertake to pay on behalf of the insured all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury sustained by the insured caused by an accident involving the uninsured automobile. This coverage shall insure the occupants of every automobile to which the bodily injury liability coverage applies. 'Uninsured automobile’ includes an automobile insured against liability by an insurer that is or becomes insolvent. . .
See footnote 1 of the majority opinion.
This is manifested in reliance on the term “capable of being applied” as a test of whether there exists an applicable policy. See, e.g., Hodges v. Canal Ins. Co., 223 So. 2d 630, 633-34 (Miss.).
There does appear to be a duty to attempt to ascertain the identity of the tortfeasor which has been satisfied by the plaintiff;. Sari v. Doe, 261 S.C. 116, 198 S.E.2d 526; Members Mutual Ins. Co. v. Tapp, 469 S.W.2d 792 (Tex.).
Reference
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- Peggy Weingarten v. Allstate Insurance Company
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