Mallozzi v. Nationwide Mutual Insurance

806 A.2d 97, 72 Conn. App. 620, 2002 Conn. App. LEXIS 496
CourtConnecticut Appellate Court
DecidedOctober 1, 2002
DocketAC 21717
StatusPublished
Cited by3 cases

This text of 806 A.2d 97 (Mallozzi v. Nationwide Mutual 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
Mallozzi v. Nationwide Mutual Insurance, 806 A.2d 97, 72 Conn. App. 620, 2002 Conn. App. LEXIS 496 (Colo. Ct. App. 2002).

Opinion

Opinion

LAVERY, C. J.

The plaintiff, Mario Mallozzi, Jr., appeals from the summary judgment rendered by the trial court in favor of the defendant, Nationwide Mutual Insurance Company. The court granted the defendant’s motion for summary judgment after finding that there was no genuine issue of material fact and that the defendant was entitled to judgment as a matter of law because the automobile insurance policy at issue clearly and unambiguously did not provide the plaintiff coverage under the circumstances. On appeal, the plaintiff contends that the insurance contract at issue is ambiguous, and, therefore, the court improperly granted the defendant’s motion for summary judgment. We agree with the trial court and conclude that the motion for summary judgment was properly granted. Accordingly, we affirm the judgment of the trial court.

The following undisputed facts and procedural history are relevant. On May 20, 1997, the plaintiff was involved in an automobile accident resulting in his being named a defendant in four civil actions that were brought by parties seeking monetary damages. The plaintiff was driving a pickup truck that was owned by Mallozzi Builders, Inc. (Mallozzi Builders).1 The plaintiff thereafter brought this action seeking a declaratory judgment as to his rights to insurance coverage for his [622]*622potential and alleged liability resulting from the accident. The policy under which he sought coverage was a personal automobile policy issued by the defendant to the plaintiffs mother, Floria Mallozzi.

At the time of the accident, the plaintiff lived with his parents. The plaintiffs father, Mario Mallozzi, Sr., was employed by Mallozzi Builders. The truck was separately insured under a business automobile insurance policy, with a total liability limit of $500,000, also issued by the defendant.2

Floria Mallozzi’s personal automobile policy provided liability coverage to the policyholder, the policyholder’s resident spouse and resident relatives when driving a vehicle scheduled or listed in the insurance policy declarations. The truck was not a scheduled or listed vehicle. Under certain circumstances, however, the policy insures covered drivers while they are operating “other motor vehicles.” The parties disagree as to the meaning of the provision detailing that coverage.

That provision states in relevant part that “coverage also applies to certain other motor vehicles as follows .... 3. A motor vehicle owned by a non-member of your household .... a) This applies only to policies issued to individual persons (not organizations) and while the vehicle is being used by you or a relative. It protects the user, and any person or organization, except as noted below in b), who does not own the vehicle but is legally responsible for its use. b) This does not apply to losses involving a motor vehicle . . . (2) owned, rented or leased by an employer of an insured . . . .” 3 (Emphasis added.)

[623]*623At the hearing on its motion for summary judgment and on appeal, the defendant claims that, pursuant to the clear language of that provision, the plaintiff is not covered by the personal automobile policy. It argues that this is so because, at the time of the accident, the plaintiff was driving a truck owned by Mallozzi Builders, which, while “a non-member” of the Mallozzi household, was the employer of Mario Mallozzi, Sr., “an insured” under the policy. The plaintiff, on the other hand, argues that this provision, read in conjunction with other policy language, is ambiguous and thus should be read to afford him coverage. We agree with the defendant that the policy clearly denies the plaintiff coverage under the circumstances.

“Our standard of review of a trial court’s granting of summary judgment is well established. Pursuant to Practice Book § 17-49, summary judgment shall be ren[624]*624dered 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. Such questions of law are subject to plenary appellate review.” (Internal quotation marks omitted.) Mytych v. May Dept. Stores Co., 260 Conn. 152, 158-59, 793 A.2d 1068 (2002).

In the present case, the plaintiff does not claim that there are genuine issues of material fact. Instead, he argues that summary judgment in favor of the defendant was inappropriate because the court improperly interpreted the insurance contract, as a matter of law, to disallow him coverage. Particularly, he claims that for various reasons, the provision at issue is ambiguous and therefore must be construed so as to afford him coverage. We disagree.

“It is the function of the court to construe the provisions of the contract of insurance. . . . 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.” (Citation omitted; internal quotation marks omitted.) Bonito v. Cambridge Mutual Fire Ins. Co., 64 Conn. App. 487, 489, 780 A.2d 984, cert. denied, 258 Conn. 926, 783 A.2d 1028 (2001).

“Well established principles guide our interpretation of the policy. The [interpretation of an insurance policy, like the inteipretation 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 dis[625]*625closed 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 corners 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 rule 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.” (Emphasis added; internal quotation marks omitted.) Id., 490.

The plaintiff argues first that the phrase “insured,” as used in part 3 (b) (2) of the “use of other motor vehicles” provision, is ambiguous and therefore should not be read to include Mario Mallozzi, Sr., and thus to deny coverage on the ground that the plaintiff was driving a vehicle owned by the employer of an “insured.” We are not convinced.

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Cite This Page — Counsel Stack

Bluebook (online)
806 A.2d 97, 72 Conn. App. 620, 2002 Conn. App. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallozzi-v-nationwide-mutual-insurance-connappct-2002.