Aetna Casualty & Surety Co. v. Lighty

491 A.2d 1118, 3 Conn. App. 697, 1985 Conn. App. LEXIS 964
CourtConnecticut Appellate Court
DecidedMay 7, 1985
Docket2574
StatusPublished
Cited by12 cases

This text of 491 A.2d 1118 (Aetna Casualty & Surety Co. v. Lighty) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aetna Casualty & Surety Co. v. Lighty, 491 A.2d 1118, 3 Conn. App. 697, 1985 Conn. App. LEXIS 964 (Colo. Ct. App. 1985).

Opinion

Spallone, J.

The defendants appeal from a judgment granting the plaintiffs application to vacate an arbitration award and denying the defendants’ motion to confirm that award.

[698]*698The facts which gave rise to this dispute are as follows. On June 3, 1979, James Lighty was involved in an automobile accident in which his wife, the defendant Bontiveron Lighty, and daughter, the defendant Melissa Lighty, were injured. At the time of the accident, James Lighty was insured by a $50,000 liability policy issued by the plaintiff. Under the policy, which had gone into effect on December 6,1978, and which expired on June 6,1979, the defendants were “covered persons.” In July of 1980, payments to other claimants exhausted the liability coverage under that policy. Neither of the defendants received any payments before the coverage was exhausted.

The defendants thereupon submitted a claim to the plaintiff in which they sought coverage pursuant to the underinsured motorist provision of General Statutes § 38-175c, as amended by Public Acts 1979, No. 79-235. The amendment, which went into effect on October 1, 1979, after the date of the accident and after the expiration of the policy, added the following subsections: “(b) (1) An insurance company shall be obligated to make payment to its insured up to the limits of the policy’s uninsured motorist coverage after the limits of liability under all bodily injury liability bonds and insurance policies applicable at the time of the accident have been exhausted by payment of judgments or settlements .... (2) For the purposes of this section, an ‘underinsured motor vehicle’ means a motor vehicle with respect to which the sum of the limits of liability under all bodily injury liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of liability under the uninsured motorist portion of the policy against which claim is made under subdivision (1) of subsection (b) of this section.”1

[699]*699The plaintiff opposed the claim on the grounds that the policy contained no coverage for damages caused by “underinsured” motorists and that the coverage mandated by Public Acts 1979, No. 79-235 did not become effective until well after both the accident and the expiration of the policy. The dispute was eventually submitted to arbitration.

After a hearing, the arbitrators rendered an award which determined that the defendants had established a valid claim for underinsured motorist benefits and found the plaintiff liable for payments totalling $21,097. The plaintiff thereafter applied to the Superior Court to vacate the award pursuant to General Statutes § 52-418, and the defendants filed a cross application to confirm it. The trial court granted the application to vacate on the ground that the arbitrators had exceeded their authority in making the award. The sole question before us is whether the trial court’s action was correct.

Arbitration is a creature of contract, and if the parties choose to limit the arbitrators’ powers, then the parties will be bound by those limits. Board of Education v. AFSCME, 195 Conn. 266, 269, 487 A.2d 553 (1985). Pursuant to General Statutes § 38-175c,* 2 however, insurers who issue uninsured motorist insurance policies are prohibited from contractually limiting those [700]*700issues concerning coverage which the arbitration panel may decide. Oliva v. Aetna Casualty & Surety Co., 181 Conn. 37, 41, 434 A.2d 304 (1980).

With that statutory caveat, the charter of an arbitrator is “ ‘the submission and no matter outside the submission may be included in the award. Palmer v. Green, 6 Conn. 14, 18 [1825]; Manlin v. Norwich, 40 Conn. 13, 23 [1873]; Schoolnick v. Finman, 108 Conn. 478, 481, 144 A. 41 [1928]; Sturges, Commercial Arbitrations & Awards, pp. 144, 229; Russell, Arbitrations & Award (13th Ed.) pp. 201, 210, 211.’ Pratt, Read & Co. v. United Furniture Workers, 136 Conn. 205, 208, 7 A.2d 120 [1949].” Local 63, Textile Workers Union v. Cheney Bros., 141 Conn. 606, 613, 109 A.2d 240 (1954), cert. denied, 348 U.S. 959, 75 S. Ct. 449, 99 L. Ed. 748 (1955). It follows that an award must conform to the submission and “is void to the extent to which it is outside the submission.” Id. This is particularly so in the case of insurance coverage where risks are actuarily analyzed and premium charges reflect those risks. To layer on additional coverage outside of the contemplation of the parties at the time they entered into the contract would expose the insurer to liability for payments beyond the scope of the agreement.

The submission in this case is the arbitration clause of Lighty’s policy.3 The language of the submission, [701]*701read together with General Statutes § 38-175e and the judicial gloss of that statute provided in Oliva v. Aetna Casualty & Surety Co., supra, “delegates all disputed issues to binding arbitration, and can therefore only be construed as unrestricted.” Carroll v. Aetna Casualty & Surety Co., 189 Conn. 16, 20, 453 A.2d 1158 (1983).

Judicial review of an arbitration award is limited in scope by General Statutes § 52-418 and by the terms of the contractual agreement between the parties. Trumbull v. Trumbull Police Local 1745, 1 Conn. App. 207, 212, 470 A.2d 1219 (1984). Where the submission is unrestricted, any challenge to an award on the ground that the arbitrators exceeded their powers is restricted to a comparison of the award with the submission. Carroll v. Aetna, supra, 21. The submission in this case reads, in part, as follows: “If we and a covered person disagree whether that person is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle or do not agree as to the amount of damages, either party may make a written demand for arbitration . . . .” (Emphasis added.)

The arbitration provision in Lighty’s policy provided for the arbitration of disputes involving uninsured, rather than underinsured, vehicles. The language of that provision is clear and unambiguous, and therefore must be given its natural and ordinary meaning. Horak v. Middlesex Mutual Assurance Co., 181 Conn. 614, 616, 436 A.2d 783 (1980). Contracts of insurance, moreover, must be read pursuant to the law existing when they were entered into; Whitfield v. Empire Mutual Ins. Co., 167 Conn. 499, 506, 356 A.2d 139 (1975); because it is presumed that the parties bargained with each other on the basis of existing law. Williamson v. Massachusetts Bonding & Ins. Co., 19 Conn. Sup. 59, 62, 109 A.2d 896 (1954). In reading Lighty’s policy in light [702]

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Bluebook (online)
491 A.2d 1118, 3 Conn. App. 697, 1985 Conn. App. LEXIS 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-lighty-connappct-1985.