Nationwide Mutual Insurance v. Cassin

601 A.2d 1030, 221 Conn. 1, 1992 Conn. LEXIS 9
Supreme Court of Connecticut·Decided January 21, 1992·No. 14343·Published·Cited by 4 cases

Opinion

Borden, J.

The issue in this appeal is whether the defendant, Elsa Cassin, is entitled to uninsured motorist benefits under the provisions of an insurance policy issued to her by the plaintiff, Nationwide Mutual Insurance Company. The plaintiff appeals from the judgment of the trial court granting the defendant’s motion to confirm an arbitration award in the amount of $100,000 in favor of the defendant. We reverse.

The parties stipulated to the following facts. On December 10, 1983, Arnold Cassin was involved in a motor vehicle accident in the town of Greenwich while operating a 1977 Cadillac Seville in which his wife, the defendant and owner of the automobile, was a passenger.1 At the time of the accident, the defendant was the named insured on an insurance policy (policy) issued by the plaintiff that specifically covered the defendant’s Cadillac. The policy, entitled “Nationwide’s Century II Auto Policy,” provided, inter alia, liability and collision coverage. The policy also contained mandatory endorsement 1751, entitled “New York Automobile Accident Indemnification Endorsement,” which provided uninsured motorist coverage, in the amount of [3] $10,000 per person and $20,000 per accident, for all accidents occurring in the state of New York.2 In addition, the defendant had purchased and the policy contained endorsement 1737, entitled “Supplementary Uninsured Motorist Insurance,” which provided increased uninsured motorist coverage in the amount of $100,000 per person and $300,000 per accident, underinsured motorist coverage, and coverage for all accidents occurring within the United States.3

[4] The defendant, who had sustained personal injuries as a result of the accident, filed a complaint against her husband in the Superior Court in Stamford alleging that his negligent conduct caused her injuries. The defendant’s husband, who was covered under the liability portion of the policy,* **4 forwarded the complaint to the plaintiff, directing the plaintiff to pay any damages he had become legally obligated to pay to the defendant as a result of the accident.5 The plaintiff informed the defendant’s husband that there was no liability coverage for a claim against him by his spouse under the terms of the policy and under the provisions of New York Insurance Law § 3420 (McKinney 1985).6

[5] Thereafter, the defendant made a demand, pursuant to the policy, for arbitration7 with the American Arbitration Association, claiming that since the plaintiff had refused to indemnify her husband’s liability for the accident, the 1977 Cadillac Seville was an uninsured automobile and, therefore, she was entitled to uninsured motorist benefits under the policy. The three member arbitration panel concluded, by a vote of two to one, that the defendant was entitled to uninsured motorist coverage under the policy in the amount of $100,000. The arbitration panel held that paragraph 5 of endorsement 1737 provided uninsured motorist coverage to the defendant while she was occupying the insured automobile.

The plaintiff then filed an application to vacate the arbitration award in the Superior Court, and the defendant filed a motion to confirm the award. The trial court confirmed the award, stating that even though New York law does not require the insurer to provide coverage for interspousal suits in the liability portion of the policy, an individual may purchase coverage for such a suit, and that paragraph 5 of endorsement 1737 effectuated such coverage. The plaintiff appealed to the Appellate Court and we transferred the appeal to this court pursuant to Practice Book § 4023.

The plaintiff claims that the trial court improperly interpreted the terms of the policy in concluding that the policy provided uninsured motorist coverage to the defendant in this case. We agree.

Since the insurance policy contract was made in New York and the parties agree that New York law applies; see Jenkins v. Indemnity Ins. Co., 152 Conn. 249, 253, 205 A.2d 780 (1964); we apply New York law in order [6] to construe the insurance contract.8 Under New York law, it is for the court to determine the parties’ rights and obligations under an insurance policy based on the specific language of the policy. Harrigan v. Liberty Mutual Fire Ins. Co., 170 App. Div. 2d 930, 930-31, 566 N.Y.S.2d 755 (1991). In order to determine whether a contract of insurance is ambiguous, all provisions must be construed as one entire contract and must be read and interpreted in light of each other. See, e.g., VanMinos v. Merkley, 48 App. Div. 2d 281, 286, 369 N.Y.S.2d 246 (1975); see also Cross Armored Carrier Corporation v. Valentine, 49 Misc. 2d 917, 268 N.Y.S.2d 792, aff’d, 28 App. Div. 2d 1090, 283 N.Y.S.2d 1016 (1966). The court will not find an ambiguity in an insurance policy where none exists. Miccio v. National Surety Corporation, 170 App. Div. 2d 937, 938, 566 N.Y.S.2d 760 (1991).

The plaintiff contends that endorsement 1751 II (b) (2) (i) of the policy; see footnote 2, supra; specifically excludes coverage in this situation.9 The defendant claims that because her husband is not covered under the liability portion of the policy for the negligence claim she brought against him, she is entitled to coverage under the uninsured motorist portion of the policy on the basis of paragraph 5 of endorsement 1737. We agree with the plaintiff.

[7] Paragraph I of endorsement 1751, the mandatory uninsured motorist portion of the policy, states that “[t]he [insurance] company will pay all sums which the insured . . . shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury . . . sustained by the insured, caused by accident and arising out of the . . . use of such uninsured automobile . . . .” See footnote 2, supra. Paragraph II (b) (2) (i) of the endorsement further states that “the term ‘uninsured automobile’ shall not include ... an automobile owned by the named insured . . . .” (Emphasis added.) See footnote 2, supra. Therefore, based on the plain language of the policy, the defendant cannot collect uninsured motorist benefits from the plaintiff because the automobile involved in this case was owned by the defendant when the accident occurred, and thus was not an “uninsured automobile” within the terms of the policy.

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Nationwide Mutual Insurance v. Cassin, 601 A.2d 1030, 221 Conn. 1, 1992 Conn. LEXIS 9 (Colo. 1992).

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