Budris v. Allstate Insurance

686 A.2d 533, 44 Conn. App. 53, 1996 Conn. App. LEXIS 610
CourtConnecticut Appellate Court
DecidedDecember 31, 1996
Docket15246
StatusPublished
Cited by13 cases

This text of 686 A.2d 533 (Budris v. Allstate 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
Budris v. Allstate Insurance, 686 A.2d 533, 44 Conn. App. 53, 1996 Conn. App. LEXIS 610 (Colo. Ct. App. 1996).

Opinion

HEIMAN, J.

The plaintiff appeals from the judgment of the trial court granting the defendant’s motion for summary judgment. On appeal, the plaintiff claims that the trial court’s action in granting summary judgment was improper because it incorrectly determined that the plaintiff was precluded from recovery under an [54]*54insurance policy provision that barred recovery for injuries sustained while in an uninsured vehicle owned by the insured. He posits that the trial court’s determination, made as a matter of law, that the plaintiff was the owner of the truck in which he was injured was improper. We reverse the judgment of the trial court.

The following facts are necessary for a proper resolution of this appeal. In September, 1990, Hilding Parson gave the plaintiff his 1985 Dodge truck to hold as collateral to secure a $5000 loan the plaintiff had made to Parson. The understanding was that the plaintiff would maintain possession of the truck as collateral until Parson repaid the loan. If Parson failed to repay the loan, Parson would then transfer ownership of the truck to the plaintiff on demand. Neither the plaintiff nor Parson insured the truck.

On March 29, 1991, the plaintiff was a passenger in the truck, which was being operated by Michele Vitilie. Vitilie lost control of the truck and was involved in a single vehicle accident that caused the plaintiff to sustain injuries. The plaintiff claimed entitlement to uninsured motorist benefits under his insurance policy with Allstate Insurance Company. Allstate denied the plaintiff uninsured motorist coverage on the basis of a policy limitation that excludes from coverage any accidents that occur in an uninsured motor vehicle owned by the insured.1

[55]*55On March 21, 1993, the plaintiff brought an action against the defendant, claiming entitlement to uninsured motorist benefits for the March 29,1991 accident. On September 16, 1994, the defendant moved for summary judgment on the ground that there was no material issue of fact as to the ownership of the uninsured motor vehicle in question. In support of the motion for summary judgment, the defendant submitted an assignment of title dated September 19, 1990, which assigned title of the truck from Parson to the plaintiff. The defendant subsequently submitted to the trial court a letter from the department of motor vehicles dated October 13, 1994, which stated that, according to a review of the department’s records, title to the truck was issued to Parson on May 22, 1990. The letter further stated that, according to the department’s records, on September 19, 1990, Parson transferred the truck to the plaintiff, but the plaintiff was never issued title to the truck. Finally, the letter stated that on June 2, 1992, title to the truck was returned to the department of motor vehicles as a record that the truck had been junked.

On May 18, 1995, the plaintiff submitted an affidavit in opposition to the defendant’s motion for summary judgment. In the affidavit, the plaintiff claimed that the September 19, 1990 date on the assignment of title was incorrect because Parson did not assign or transfer title to the truck to the plaintiff until April, 1991. The plaintiff further explained in the affidavit that in April, 1991, as Parson had failed to repay his loan, the plaintiff demanded that Parson transfer ownership of the damaged truck to the plaintiff, which Parson did. The plaintiff then transferred the vehicle as salvage and applied the amount received as a partial payment against Parson’s debt. Finally, the plaintiff asserted in the affidavit [56]*56that, while he had registered and insured both of the automobiles he owns, he never registered or insured the truck. Attached to the affidavit was a copy of the police accident report taken at the scene of the March 29,1991 accident, which listed Parson as the registered owner of the truck.

On July 18, 1995, the trial court granted the defendant’s motion for summary judgment. The trial court determined that the undisputed facts showed that the plaintiff had been in possession of the truck for the seven months prior to the accident and that the agreement between the plaintiff and Parson was a type of common law bailment granting the plaintiff a special ownership interest in the truck as a bailee. Thus, the trial court determined, as a matter of law, that the plaintiff owned the uninsured vehicle at the time of the accident, and that there was no genuine issue of material fact. This appeal follows.

“We initially note the standard of review of a trial court decision granting a motion for summary judgment. Practice Book § 384 mandates that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A material fact is a fact that will make a difference in the result of the case. . . . The party seeking summary judgment has the burden of showing the absence of any genuine issue as to all material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law . . . and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact. ... In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The test is whether a party would be entitled to a directed [57]*57verdict on the same facts.” (Citation omitted; internal quotation marks omitted.) Sylvestre v. United Services Automobile Assn. Casualty Ins. Co., 42 Conn. App. 219, 222, 678 A.2d 1005 (1996), aff'd 240 Conn. 544, 692 A.2d 1254 (1997).

The plaintiff asserts that whether the plaintiff owned the truck at the time of the accident is a genuine issue of material fact, and thus the trial court improperly granted summary judgment. We agree.

Neither the insurance policy issued by the defendant nor General Statutes (Rev. to 1995) § 38a-336 (a) (1), the uninsured motorist statute, defines the term “owned” as used therein. “Under our law, the terms of an insurance policy are to be construed according to the general rules of contract construction. ... If the terms of an insurance policy are plain . . . courts cannot indulge in a forced construction that distorts the meaning of a term so as to accord a meaning other than that evidently intended by the parties. . . . Policy language must be interpreted reasonably; words are to be given their ordinary meaning in order to deduce the intent of the parties.” (Citations omitted; internal quotation marks omitted.) Id., 223-24.

We look to Connecticut case law and dictionary definitions to ascertain the ordinary meaning of the term “owner.” Black’s Law Dictionary (6th Ed. 1990) defines “ownership” as the “[cjollection of rights to use and enjoy property, including [the] right to transmit it to others. . . . The complete dominion, title, or proprietary right in a thing or claim. The entirety of the powers of use and disposal allowed by law.” (Emphasis added.) Black’s Law Dictionary defines “own” as to “have a good legal title” or “to possess.” Barron’s Law Dictionary (3d Ed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New London County Mutual Insurance Co. v. Nantes
36 A.3d 224 (Supreme Court of Connecticut, 2012)
Frances v. Omni Insurance Co., No. Cv00 037 51 35 (Dec. 11, 2001)
2001 Conn. Super. Ct. 16352 (Connecticut Superior Court, 2001)
Progressive Nw Insurance v. Jones, No. Cv-99-0590954-S (Jul. 24, 2000)
2000 Conn. Super. Ct. 8960 (Connecticut Superior Court, 2000)
Verner v. Pitt Real Estate Limited, No. Lpl-Cv-95-0324191s (Jul. 28, 1999)
1999 Conn. Super. Ct. 9504 (Connecticut Superior Court, 1999)
Verner v. Pitt, No. Lpl-Cv-95-0324191s (Jul. 27, 1999)
1999 Conn. Super. Ct. 9514 (Connecticut Superior Court, 1999)
Southbridge Associates, LLC v. Garofalo
728 A.2d 1114 (Connecticut Appellate Court, 1999)
City of Milford v. Sheehan, No. Cv98 006 41 78 (Dec. 23, 1998)
1998 Conn. Super. Ct. 15027 (Connecticut Superior Court, 1998)
Smith v. Allstate Insurance Co., No. Cv 95-0129638 (May 28, 1998)
1998 Conn. Super. Ct. 6626 (Connecticut Superior Court, 1998)
Solomon v. Gilmore
707 A.2d 746 (Connecticut Appellate Court, 1998)
Mullen v. Horton
700 A.2d 1377 (Connecticut Appellate Court, 1997)
Town of East Hartford v. Cirma, No. Cv-94-0534696-S (Aug. 27, 1997)
1997 Conn. Super. Ct. 9775 (Connecticut Superior Court, 1997)
Passini v. Town of Winchester
696 A.2d 1021 (Connecticut Appellate Court, 1997)
Fleitas v. Edwards, No. Cv95 0148454 S (Feb. 25, 1997)
1997 Conn. Super. Ct. 1691 (Connecticut Superior Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
686 A.2d 533, 44 Conn. App. 53, 1996 Conn. App. LEXIS 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budris-v-allstate-insurance-connappct-1996.