Bonito v. Cambridge Mutual Fire Insurance

780 A.2d 984, 64 Conn. App. 487, 2001 Conn. App. LEXIS 381
CourtConnecticut Appellate Court
DecidedJuly 24, 2001
DocketAC 20930
StatusPublished
Cited by9 cases

This text of 780 A.2d 984 (Bonito v. Cambridge Mutual Fire Insurance) 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
Bonito v. Cambridge Mutual Fire Insurance, 780 A.2d 984, 64 Conn. App. 487, 2001 Conn. App. LEXIS 381 (Colo. Ct. App. 2001).

Opinion

Opinion

FOTI, J.

The plaintiff, Carissa Bonito, appeals from the judgment of the trial court denying her motion for a [488]*488declaratory judgment. The plaintiff sought a declaratory judgment concerning the interpretation of an insurance policy that she purchased from the defendant, Cambridge Mutual Fire Insurance Company. The plaintiff claims that the court improperly ignored the plain language of the policy and an endorsement to the policy. She also claims, in the alternative, that “at the very minimum the parties have set forth alternative plausible interpretations of the same policy language” and that the court improperly failed to accept her interpretation of the endorsement. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our analysis. In April, 1997, the plaintiff renewed her home insurance policy with the defendant. Section I of the policy delineated the defendant’s liability limits as follows: $95,000 for loss of the dwelling (coverage A); $9500 for loss of accessory structures (coverage B); $66,500 for loss of personal property (coverage C); and $19,000 for loss of use (coverage D). The plaintiff also purchased from the defendant supplemental insurance, known as a “Superior Home Guaranteed Repair or Replacement Cost Protection Endorsement” (endorsement). On February 17, 1998, fire destroyed the plaintiffs home.

The plaintiff and the defendant did not agree on the defendant’s liability for the plaintiffs losses. Specifically, the parties adopted different positions concerning the endorsement’s effect on the plaintiffs policy. In February, 1999, the plaintiff filed a complaint against the defendant that included claims for breach of contract and negligence, and a request for declaratory relief. In July, 1999, the plaintiff filed a motion for a declaratory judgment1 in which she requested that the [489]*489court rule that the endorsement provides that “when coverage A for her building increases, coverages B, C and D relating to other structures, personal property and loss of use, respectively, are increased proportionally.” In other words, the plaintiff wanted the court to accept her interpretation of the policy, namely, that the endorsement not only permitted her to recover the full replacement cost in excess of her policy limit for the loss of her dwelling, but also that it permitted her to collect in excess of her policy limits under the other coverages set forth in her policy. She argues that the endorsement increased the Lability limits under coverages B, C and D because those coverages were based on a percentage of coverage A, and that the endorsement exceeded coverage A’s limit to the actual replacement cost of her dwelling.

The court denied the plaintiffs motion for a declaratory judgment. The court concluded that the policy’s plain language did not support the plaintiffs interpretation and that “[w]hen read in context and viewed in its entirety, the [endorsement] . . . indicates that the policy was intended to provide replacement cost insurance only for the plaintiffs dwelling (Coverage A).”

We first set forth our standard of review. “It is the function of the court to construe the provisions of the contract of insurance. Gottesman v. Aetna Ins. Co., 177 Conn. 631, 634, 418 A.2d 944 (1979). Our review of the trial court’s decision of this issue is de novo. Unlike certain other contracts . . . where . . . the intent of the parties and thus the meaning of the contract is a factual question subject to limited appellate review . . . construction of a contract of insurance presents a question of law for the court which this court reviews de novo. . . . Aetna Life & Casualty Co. v. Bulaong, 218 Conn. 51, 58, 588 A.2d 138 (1991). Flint v. Universal Machine Co., 238 Conn. 637, 642-43, 679 A.2d 929 (1996).” (Internal quotation marks omitted.) Jack A. [490]*490Halprin, Inc. v. Hermitage Ins. Co., 58 Conn. App. 598, 600, 753 A.2d 954 (2000).

Well established principles guide our interpretation of the policy. “The [interpretation of an insurance policy, like the interpretation of other written contracts, involves a determination of the intent of the parties as expressed by the language of the policy. . . . The determinative question is the intent of the parties, that is, what coverage the . . . [insured] expected to receive and what the [insurer] was to provide, as disclosed by the provisions of the policy. ... It is axiomatic that a contract of insurance must be viewed in its entirety, and the intent of the parties for entering it derived from the four comers of the policy. . . . The policy words must be accorded their natural and ordinary meaning . . . [and] any ambiguity in the terms of an insurance policy must be construed in favor of the insured because the insurance company drafted the policy. ... A necessary predicate to this rale of construction, however, is a determination that the terms of the insurance policy are indeed ambiguous. . . . The fact that the parties advocate different meanings of the [insurance policy] does not necessitate a conclusion that the language is ambiguous.” (Internal quotation marks omitted.) Community Action for Greater Middlesex County, Inc. v. American Alliance Ins. Co., 254 Conn. 387, 399, 757 A.2d 1074 (2000).

We now turn to the policy language at issue in the present case. As we set forth earlier in this opinion, the plaintiffs policy delineated liability limits, on the policy’s declaration page and elsewhere, in four separate categories or “coverages.” The endorsement amended the policy by permitting the plaintiff to receive the full repair or replacement cost of her dwelling in the event of loss, irrespective of the liability limit [491]*491expressed for her dwelling under coverage A in her policy.2

The plaintiff advances several arguments in support of her claim that the court improperly denied her motion for a declaratory judgment. First, she argues that the defendant’s use of the word “amounts” in the first sentence of the endorsement indicates that it increased her policy’s limits with respect to losses arising under [492]*492coverages B, C and D, as well as the coverage increase concerning her dwelling under coverage A. Second, she points out that the endorsement states that the defendant may adjust the premiums and limits of liability for coverages A, B, C and D, and claims that this is proof that all coverages are affected once coverage A is redetermined under the terms of the endorsement. Third, she argues that the policy demonstrates “the stated intent of the insurance company to make coverages B, C and D percentages of coverage A.” It follows, she argues, that once the endorsement reestablished the liability limit of coverage A, that the other coverages should increase proportionally.

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Bluebook (online)
780 A.2d 984, 64 Conn. App. 487, 2001 Conn. App. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonito-v-cambridge-mutual-fire-insurance-connappct-2001.