Harlach v. Metropolitan Property & Liability Insurance

602 A.2d 1007, 221 Conn. 185, 1992 Conn. LEXIS 37
CourtSupreme Court of Connecticut
DecidedFebruary 11, 1992
Docket14344
StatusPublished
Cited by73 cases

This text of 602 A.2d 1007 (Harlach v. Metropolitan Property & Liability 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
Harlach v. Metropolitan Property & Liability Insurance, 602 A.2d 1007, 221 Conn. 185, 1992 Conn. LEXIS 37 (Colo. 1992).

Opinion

Covello, J.

This is an appeal from a declaratory judgment that determined that the plaintiffs were entitled to $300,000 of uninsured motorist coverage pursuant to an automobile insurance policy issued by the defendant. The sole issue is whether the insured was bound by his written request for a lesser amount of uninsured motorist coverage when he later claimed that: (1) he did not understand the nature of his coverage; and (2) he did not intend to request a lesser amount of coverage.

The relevant facts are not in dispute. On December 30,1986, the named plaintiff, Louise Harlach, was injured in an automobile accident under circumstances that entitled her to present a claim under the uninsured motorist provisions of an automobile liability insurance policy issued by the defendant, Metropolitan Property and Liability Insurance Company, to her husband, the plaintiff, John Harlach (plaintiff).1 The circumstances concerning the amount of uninsured motorist coverage available under the policy are as follows.

[187]*187On February 18,1980, the defendant issued an automobile liability insurance policy to the plaintiff. The policy provided single limit liability coverage in the amount of $300,000 and uninsured motorist coverage in the amount of $20,000 per person and $40,000 per accident. Each policy renewal thereafter, to and including December 30, 1986, provided the same levels of coverage. Prior to obtaining automobile insurance with the defendant, the plaintiff had dealt with other carriers. Throughout these dealings, the plaintiff always obtained the minimum amounts of coverage required by law.

On July 5,1983, the General Assembly enacted Public Acts 1983, No. 83-461, amending General Statutes § 38-175c (now General Statutes § 38a-336). The act required that every automobile liability policy “issued or renewed on and after July 1, 1984,” was to have uninsured motorist coverage equal to the liability coverage of the policy “unless the insured requests in writing a lesser amount. ”2 (Emphasis added.)

In October, 1983, in order to apprise its Connecticut policyholders of the change in the law, and in order to give them an opportunity to request in writing lesser amounts of uninsured motorist coverage, the defendant sent to all its policyholders, including the plaintiff, a computer generated notice. The notice invited the reader to “take a minute to read this important letter about a change of the law in Connecticut.” The notice [188]*188stated: “[T]he law was changed to require that your limits of coverage for uninsured motorist must be the same as your liability limits, unless you request in writing a lower limit. ” (Emphasis added.)

The notice further stated that higher uninsured motorist coverage, equal to the liability limits, would be provided and the “policy premium [would] be adjusted accordingly.” The notice advised the policyholders that they could “request a lower limit of coverage at a lower premium” by placing their initials next to the desired option on a tear sheet at the bottom of the notice, signing the same and returning it to the defendant in an envelope that was provided.3 Finally, the notice provided: “If you have any questions, please contact your sales representative or call our policyholder services department at the toll-free number (800) 422-4272.”

On November 8,1984, the plaintiff, a forty year old college graduate, initialed the minimum coverage option, i.e., “$20,000/$40,000,” signed his name “John M. Harlach,” dated the form “8 Nov 84,” and mailed it to the defendant. On the basis of its receipt of this request, the defendant issued a renewal policy to the plaintiff providing uninsured motorist coverage in the same amount as in prior years, i.e., $20,000 per per[189]*189son and $40,000 per accident. The defendant mailed the renewal policy and five subsequent renewal policies to the plaintiff, each of which reflected the $20,000/$40,000 uninsured motorist coverage limits.

The attorney trial referee found that the plaintiff did not fully understand what protection was provided to him by the uninsured motorist provisions of his policy when he completed and executed the tear sheet, and that he did not understand that “he was giving up his right to insurance coverage of $300,000 for protection for himself and his family in the event he or a family member was injured by an uninsured or underinsured tortfeasor.” The attorney trial referee concluded that the plaintiff “did not make a conscious, knowing and purposeful waiver to accept less uninsured motorist coverage.”4 The trial court agreed, concluding that since the plaintiff did not fully perceive what coverage he was surrendering at the time he returned the tear sheet, he had not waived his statutorily mandated right to uninsured motorist coverage equal to the insurance policy’s liability coverage. The trial court opined that “[ijnasmuch as the waiver question is a factual one, it is not subject to review by this court.” The trial court then rendered judgment in accordance with the referee’s report. The defendant appealed to the Appellate Court and we thereafter transferred the matter to ourselves pursuant to Practice Book § 4023.

[190]*190The defendant claims that despite its aleatory nature, a contract of insurance is nonetheless fundamentally a contract. The defendant argues that the trial court has reformed the contract that unambiguously provided uninsured motorist coverage of $20,000 per person and $40,000 per accident because the policyholder was unilaterally mistaken as to what coverage he was surrendering when he requested the lesser amount of coverage. The defendant argues that reformation of a contract is not available when the mistake, if any, is unilateral and is not accompanied by fraud or inequitable conduct on the part of the other party. We agree.

The contractual nature of insurance and the commercial relationship between insurer and insured are not altered by any peculiarities of uninsured motorist coverage. “The relationship between the insured and the insurer clearly is contractual in nature, and we find nothing in [the uninsured motorist statute] that alters the traditionally commercial setting in which insurance policies are purchased. Our [uninsured motorist] statute creates no fiduciary obligations .... As offeror, [the carrier] had no contractual duty voluntarily to explain the terms of its offer or the advantages and disadvantages to procuring uninsured motorist coverage. ... All that is required ... for an effective rejection is a writing signed by the named insured.” (Emphasis in original.) Silver v. Slusher, 770 P.2d 878, 883 (Okla. 1988), cert. denied, 493 U.S. 817, 110 S. Ct. 70, 107 L. Ed. 2d 37 (1989).

“Reformation is appropriate in cases of mutual mistake—that is where, in reducing to writing an agreement made or transaction entered into as intended by the parties thereto, through mistake, common to both parties, the written instrument fails to express the real agreement or transaction. 5 Pomeroy, Equity Jurisprudence (2d Ed.) § 2096; 53 C. J. p. 941; Amer. Law Insti[191]*191tute Restatement, Contracts, Vol. 2, §§ 504, 505 ....

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Cite This Page — Counsel Stack

Bluebook (online)
602 A.2d 1007, 221 Conn. 185, 1992 Conn. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlach-v-metropolitan-property-liability-insurance-conn-1992.