Munroe v. Great American Insurance

661 A.2d 581, 234 Conn. 182, 1995 Conn. LEXIS 207
CourtSupreme Court of Connecticut
DecidedJuly 11, 1995
Docket14969
StatusPublished
Cited by36 cases

This text of 661 A.2d 581 (Munroe v. Great American 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
Munroe v. Great American Insurance, 661 A.2d 581, 234 Conn. 182, 1995 Conn. LEXIS 207 (Colo. 1995).

Opinion

Peters, C. J.

The sole issue in this certified case from the United States District Court for the District of Rhode Island is whether, under the circumstances of this case, an insurance company that has issued a binder for liability insurance coverage in reliance on intentional and material misrepresentations by the insurance applicant can rescind the insurance contract ab initio so as to avoid liability to innocent third parties. The plaintiffs, Lyle Munroe and Shirley Munroe, brought [184]*184a diversity action in the District Court, pursuant to Rhode Island General Laws §§ 27-7-1 and 27-7-2,1 to recover damages for personal injuries that they had suffered in a collision between their car and that of Ronald R. Menard. They alleged that Menard, at the time of the accident, was insured under an insurance binder issued by the defendant, Great American Insurance Company. The defendant filed an answer and a counterclaim, in which it alleged that it had no liability to the plaintiffs because it had revoked and rescinded Menard’s insurance upon discovering intentional and material misrepresentations in Menard’s insurance application. Concluding that Connecticut law governed the validity of the defendant’s counterclaim, the Dis[185]*185trict Court certified the following question to us,2 which we agreed to answer: “Whether intentional material misrepresentations on an application for insurance give the insurance company the right to rescind the insurance contract with the effect that it is void ab initio?” We are persuaded that the answer to the question is: No, under the circumstances of this case.

The record provided by the District Court establishes the following facts. Menard purchased his car in Connecticut on February 8,1990. In order to register the car, he needed proof of liability insurance. He knew that his motor vehicle operator license had been suspended because of his failure to pay fines arising out of his convictions, in 1988 and 1989, of reckless driving and speeding.

In order to obtain liability insurance, Menard contacted an agent at Guardian Group-Gerardi Associates, Inc. (Guardian), an authorized Connecticut agency for the defendant, to whom he intentionally made representations that were false and that were material to his eligibility for insurance coverage. Over the telephone, Menard advised the agent that he was married, that he was living at a designated address in Putnam and [186]*186that he had not been convicted of a moving violation within the last five years. None of these statements was true. A woman representing herself to be Menard’s wife then went to the Guardian office, where she signed Menard’s name and her own to the insurance application and made a deposit payment of $120. The application contained incorrect driver’s license numbers for Menard and for his alleged wife. Guardian issued an insurance binder effective February 8, 1990, providing, in part, single limit liability coverage in the amount of $300,000. The binder would not have issued but for the misrepresentations made by Menard.

Guardian immediately forwarded the insurance application and the deposit to the defendant. On February 23,1990, Guardian was notified by the defendant that it had been unable to obtain a motor vehicle report concerning Menard or his alleged wife from the state of Connecticut. The defendant asked Guardian to confirm the license numbers that had been provided to it. On March 3,1990, a Guardian agent telephoned the number given on the insurance application, which was the telephone number of Menard’s mother, and left a message for Menard. On March 8, 1990, having reached Menard at his work place, a Guardian agent asked Menard to verify his license number. Menard replied that he did not have his license with him and would have to call back. He failed to do so.

On March 15, 1990, the plaintiffs were injured in a two car accident that was caused by Menard, who was driving the car listed on the binder issued by Guardian. Menard died as the result of the accident.

On March 20, 1990, five days after the accident in which the plaintiffs were injured and Menard was killed, the defendant obtained the correct driver’s license numbers for Menard and his alleged wife. The defendant then obtained accurate information about Menard’s [187]*187driving record from the Connecticut department of motor vehicles. On April 5,1990, twenty-one days after the accident and fifty-six days after the binder had become effective, the defendant sent a letter to Menard’s alleged wife in which it gave her notice that Menard’s application for insurance had been “rejected” and that coverage was “rescinded.”

The question in this case is whether the legislature abrogated the insurer’s common law right of rescission when it enacted the automobile insurance statutes, General Statutes § 38a-334 et seq. While the legislature’s authority to abrogate the common law is undeniable, we will not lightly impute such an intent to the legislature. “[Cjourts must discharge their responsibility, in case-by-case adjudication, to assure that the body of the law—both common and statutory—remains coherent and consistent.” Fahy v. Fahy, 227 Conn. 505, 513-14, 630 A.2d 1328 (1993). “Although the legislature may eliminate a common law right by statute, the presumption that the legislature does not have such a purpose can be overcome only if the legislative intent is clearly and plainly expressed.” Lynn v. Haybuster Mfg., Inc., 226 Conn. 282, 290, 627 A.2d 1288 (1993); State v. Sanchez, 204 Conn. 472, 479, 528 A.2d 373 (1987). We conclude that the compulsory automobile insurance statutes, read as a whole, abrogate the right of an insurer to rescind automobile insurance ab initio so as to deny recovery to an innocent third party victim.3

In Middlesex Mutual Assurance Co. v. Walsh, 218 Conn. 681, 692, 590 A.2d 957 (1991), we explained that at common law, an insurer has a right to rescind for material misrepresentation in an insurance application [188]*188if that misrepresentation is “known by the insured to be false when made.” Our common law of automobile insurance contracts is therefore more restrictive than our common law of contracts generally.4 Automobile insurance, however, may be rescinded at common law on the basis of intentional material misrepresentation.

General Statutes § 38a-340, formerly § 38-175e, authorizes an automobile liability insurer to issue a temporary policy, known as a binder, pending its undertaking of permanent insurance coverage. Under § 38a-340, a binder may not be issued for a period exceeding sixty days, and its provisions must comply with the legislative mandates of General Statutes §§ 38a-334 to 38a-336, inclusive, § 38a-338, and §§ 38a-340 to 38a-345, inclusive. General Statutes § 38a-343, formerly § 38-175h, in turn, provides in relevant part: “No notice of cancellation of a policy which has been in effect for less than sixty days may be effective unless mailed or delivered by the insurer at least forty-five days before the effective date of cancellation, provided that at least ten days’ notice

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Cite This Page — Counsel Stack

Bluebook (online)
661 A.2d 581, 234 Conn. 182, 1995 Conn. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munroe-v-great-american-insurance-conn-1995.