Hansen v. Ohio Casualty Insurance

687 A.2d 1262, 239 Conn. 537, 1996 Conn. LEXIS 489
CourtSupreme Court of Connecticut
DecidedDecember 31, 1996
Docket15535
StatusPublished
Cited by73 cases

This text of 687 A.2d 1262 (Hansen v. Ohio Casualty 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
Hansen v. Ohio Casualty Insurance, 687 A.2d 1262, 239 Conn. 537, 1996 Conn. LEXIS 489 (Colo. 1996).

Opinion

BERDON, J.

The sole issue in this appeal is whether, under the facts of this case, the estate of the decedent, Richard P. Hansen,1 is entitled to underinsured motorist benefits, as a covered insured, pursuant to a garage insurance policy (policy) issued by the defendant insurer to a closely held corporation owned and operated by the decedent and his wife.2 The plaintiff, Colleen Hansen, as executrix of the estate of her deceased husband, and in her individual capacity,3 sought to recover underinsured motorist benefits as a result of the death of her husband under the policy issued by the defendant, Ohio Casualty Insurance Company, to West Wharf Garage, Inc., the corporation owned by the plaintiff and the decedent. In accordance with the terms of the policy, the parties submitted to arbitration. They agreed to have the arbitrators first determine the threshold issue of coverage. A majority of the panel of three arbitrators determined that the plaintiffs decedent was not [539]*539covered under the underinsured motorist endorsement to the policy.

Upon application of the plaintiff,4 the trial court concluded that there was coverage and vacated5 the arbitration panel’s decision. The trial court relied heavily on the reasoning of our previous decision in Ceci v. National Indemnity Co., 225 Conn. 165, 622 A.2d 545 (1993). In short, the trial court concluded that “any reference to family members in a business policy issued to a corporation is ambiguous in light of the Ceci decision . . . .’’The defendant 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 now affirm the judgment of the trial court.

The undisputed facts are as follows. The plaintiff and the decedent were the sole shareholders of West Wharf Garage, Inc., a closely held corporation (corporation). The corporation was an automobile repair business operated by the plaintiff and the decedent. The decedent was the president and sole paid employee of the corporation, working as a mechanic and the manager of the garage. The plaintiff was the secretary and trea[540]*540surer of the corporation, and she also worked, without salary, as the corporation’s bookkeeper. The plaintiff also participated in the management of the daily affairs of the corporation. The defendant issued to the corporation a business automobile insurance policy, otherwise known as a garage policy, to cover its automobile repair business. The policy covered two wreckers owned by the corporation and three vehicle registration repair plates. The policy also contained an unmsured/underinsured motorist endorsement (uninsured motorist endorsement). On February 27, 1993, the decedent, while vacationing in Vermont with the plaintiff, was killed while riding a snowmobile that collided with an underinsured motor vehicle. The decedent and the plaintiff had traveled on their vacation to Vermont in a vehicle utilizing one of the repair plates. Following the accident, the estate of the decedent recovered the policy limits of the tortfeasor’s motor vehicle insurance, thereby satisfying the exhaustion of liability coverage requirements. See General Accident Ins. Co. v. Wheeler, 221 Conn. 206, 603 A.2d 385 (1992). Subsequently, through the arbitration proceeding, the plaintiff, individually and in her capacity as executrix of the decedent’s estate, sought underinsured motorist benefits from the defendant.

The policy issued to the corporation by the defendant provided in pertinent part:

“GARAGE COVERAGE FORM ....

“Throughout this policy the words ‘you’ and ‘your’ refer to the Named Insured shown in the Declarations. . . .

“SECTION VI — DEFINITIONS ....

“C. ‘Bodily injury’ means bodily injury, sickness or disease sustained by a person including death resulting from any of these. . . .”

The uninsured motorists endorsement of the policy provided in pertinent part:

[541]*541“CONNECTICUT UNINSURED MOTORISTS COVERAGE ....

“For a covered ‘auto’ licensed or principally garaged, or ‘garage operations’ conducted in, Connecticut, this endorsement modifies insurance provided under the following ....

“A. COVERAGE

“1. We will pay all sums the ‘insured’ is legally entitled to recover as compensatory damages from the owner or driver of an ‘uninsured motor vehicle.’ The damages must result from ‘bodily injury’ sustained by the ‘insured’ caused by an ‘accident. ’ . . .

“B. WHO IS AN INSURED

“1. You.

“2. If you are an individual, any family member. ’

“3. Anyone else ‘occupying’ a covered ‘auto’ or a temporary substitute for a covered ‘auto.’ The covered ‘auto’ must be out of service because of its breakdown, repair, servicing, loss or destruction.

“4. Anyone for damages he or she is entitled to recover because of ‘bodily injury’ sustained by another ‘insured.’

“C. EXCLUSIONS

“This insurance does not apply to any of the following .. .

“3. ‘Bodily injury’ sustained by you or any family member’ while ‘occupying’ or struck as a pedestrian by an ‘uninsured motor vehicle’ that you own. . . .

“F. ADDITIONAL DEFINITIONS . . . .

[542]*542“1. ‘Family member’ means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child.

“2. ‘Occupying’ means in, upon, getting in, on, out or off. . . .” (Emphasis added.)

In this case, the named insured in the declarations of the basic policy was the corporation. Therefore, the plaintiffs decedent technically did not fall within § B.l of the uninsured motorist endorsement referring to “You,” if read solely in relation to who is the named insured in the basic policy. See Testone v. Allstate Ins. Co., 165 Conn. 126, 129-30, 328 A.2d 686 (1973). It is undisputed that the plaintiffs decedent did not fall within the provisions of § B.3 of the uninsured motorist endorsement as a designated insured because he was not “occupying,” as that term is defined in § F.2 of the policy, a covered vehicle at the time of his fatal accident. The plaintiff essentially argues that the individual oriented and family oriented language throughout the uninsured motorist endorsement, and elsewhere in the policy, renders the policy ambiguous and creates uncertainty about who constitutes the “You” covered as an insured under the uninsured motorist endorsement. Therefore, the plaintiff argues that because the policy is ambiguous, it should be construed against the insurer and in favor of coverage for the plaintiffs decedent. We agree.

“An insurance policy is to be interpreted by the same general rules that govern the construction of any written contract and enforced in accordance with the real intent of the parties as expressed in the language employed in the policy. Schultz v. Hartford Fire Ins. Co., 213 Conn.

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Cite This Page — Counsel Stack

Bluebook (online)
687 A.2d 1262, 239 Conn. 537, 1996 Conn. LEXIS 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-ohio-casualty-insurance-conn-1996.