Conzo v. Aetna Insurance

705 A.2d 1020, 243 Conn. 677, 1998 Conn. LEXIS 40
CourtSupreme Court of Connecticut
DecidedFebruary 17, 1998
DocketSC 15691
StatusPublished
Cited by21 cases

This text of 705 A.2d 1020 (Conzo v. Aetna Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conzo v. Aetna Insurance, 705 A.2d 1020, 243 Conn. 677, 1998 Conn. LEXIS 40 (Colo. 1998).

Opinion

Opinion

BERDON, J.

The dispositive issue in this appeal is whether an employee who is injured in the course of his employment while occupying a motor vehicle owned by his employer is entitled under General Statutes § 38a-336 (f)1 to collect uninsured/underinsured (uninsured)2 motorist benefits from his or her self-insured employer.

The following facts are not disputed. The plaintiff, John Conzo, while operating a police vehicle during the course of his employment as a police officer for the defendant city of West Haven (West Haven), sustained personal injuries in a collision with an underinsured vehicle. The plaintiff received workers’ compensation benefits from West Haven for the injuries he sustained in the collision. He also received the $20,000 limit of the third party tortfeasor’s automobile insurance policy. The plaintiff sought to recover uninsured motorist benefits from West Haven, which is self-insured pursuant to [679]*679General Statutes § 38a-371 (c),3 and from the named defendant, Aetna Insurance Company (Aetna), which insured a vehicle owned by him.4

Both West Haven and Aetna denied coverage of the plaintiffs claim for uninsured motorist benefits, each claiming the coverage of the other was applicable. The plaintiff then brought this action seeking a declaratory judgment to determine whether one or both of the defendants must provide uninsured motorist benefits for his loss, and whose coverage would be primary. Aetna moved for summary judgment claiming that West Haven has a duty to provide uninsured motorist benefits, and that those benefits are primary. West Haven also moved for summary judgment seeking a declaration that pursuant to General Statutes § 31-284 (a),5 [680]*680the exclusivity provision of the Workers’ Compensation Act, it had no duty to provide uninsured motorist benefits to an employee injured while operating a city owned vehicle during the course of his employment.

The trial court determined that both West Haven and Aetna are required to provide uninsured motorist benefits to the plaintiff, but that West Haven’s coverage was primary and Aetna’s coverage was secondary.6 West Haven appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the judgment of the trial court.

We do not write on a clean slate with respect to the right of an employee to receive uninsured motorists benefits as a result of injuries sustained while operating an employer’s motor vehicle during the course of employment. In 1992, in Bouley v. Norwich, 222 Conn. 744, 755, 610 A.2d 1245 (1992), a majority of this court held that § 31-284 (a) prevented an employee from collecting uninsured motorist benefits from the employer. Id., 755-56. The court pointed out “that workers’ compensation is an employee’s only remedy for injuries that arise during the course of his employment,” and that the exclusivity provision of § 31-284 (a) applies whether the employee’s claim is predicated on common-law tort, [681]*681statute or contract. In CNA Ins. Co. v. Colman, 222 Conn. 769, 773, 610 A.2d 1257 (1992), a companion case to Bouley, the majority held that § 31-284 (a) barred the employee’s recovery even if it was from the employer’s automobile liability insurance carrier because the carrier is “the alter ego of its insured, the employer . . . .” The legislature promptly reacted by adopting No. 93-297, § 1 (f), of the 1993 Public Acts, now codified as § 38a-336 (f), which provides: “Notwithstanding subsection (a) of section 31-284, an employee of a named insured injured while occupying a covered motor vehicle in the course of employment shall be covered by such insured’s otherwise applicable uninsured and underinsured motorist coverage.”

In 1996, in Reliance Ins. Co. v. American Casualty Co. of Reading, Pennsylvania, 238 Conn. 285, 291, 679 A.2d 925 (1996), we held, with respect to an employer who was insured by a commercial insurance policy for uninsured motorist coverage, that § 38a-336 (f) clearly was intended to reverse the majority holding in Colman and, in doing so, “was intended to be clarifying legislation and, as such, must be accepted as a declaration of the legislature’s original intent pertaining to the interplay between the uninsured motorist provisions of . . . § 38a-336 and the workers’ compensation exclusivity provision of § 31-284.” Consequently, we applied § 38a-336 (f) retroactively. In Reliance Ins. Co., we also noted, however, that we were leaving open the question of the effect of § 38a-336 (f) on cases such as Bouley in which the employer is “self-insured.” Id., 289 n.4.

West Haven argues that § 38a-336 (f) cannot be interpreted to apply to self-insured employers because it does not expressly create an exception to the bar set forth in § 31-284 (a). In response, Aetna argues that § 38a-336 (f) reverses the decision in Bouley as well as in Colman because the legislature intended to guarantee that the benefits of uninsured motorist coverage [682]*682extend to all employees, regardless of the status of their employer as a self-insurer or as a purchaser of a commercial policy of insurance. We agree with Aetna.

Our resolution of this issue is guided by well established principles of statutory construction. “[0]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In seeking to discern that intent, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter.” (Internal quotation marks omitted.) Dodd v. Middlesex Mutual Assurance Co., 242 Conn. 375, 379, 698 A.2d 859 (1997).

In its argument, West Haven focuses on the language of § 38a-336 (f), which excepts from the exclusivity provision of the Workers’ Compensation Act “an employee of a named insured” that shall be covered by “such insured’s otherwise applicable uninsured and underinsured motorist coverage.” West Haven points out that because it is self-insured, it does not come within the purview of the phrase “named insured” in § 38a-336 (f), which is defined as “the person specifically designated in the policy as the one protected and, commonly, it is the person with whom the contract of insurance has been made.” Black’s Law Dictionary (6th Ed. 1990). We disagree for several reasons.

First, West Haven, as a self-insurer, comes within the definition of insured. West Haven, pursuant to § 38a-371 (c),7 elected to become a self-insurer for its automobile liability including uninsured motorist coverage.

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Bluebook (online)
705 A.2d 1020, 243 Conn. 677, 1998 Conn. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conzo-v-aetna-insurance-conn-1998.