Sandor v. New Hampshire Insurance

699 A.2d 96, 241 Conn. 792, 1997 Conn. LEXIS 224
CourtSupreme Court of Connecticut
DecidedJuly 22, 1997
DocketSC 15588
StatusPublished
Cited by9 cases

This text of 699 A.2d 96 (Sandor v. New Hampshire 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
Sandor v. New Hampshire Insurance, 699 A.2d 96, 241 Conn. 792, 1997 Conn. LEXIS 224 (Colo. 1997).

Opinion

Opinion

NORCOTT, J.

This appeal requires us to determine whether, under General Statutes § 14-60(a),1 the insurer [794]*794of an automobile dealer must provide primary uninsured motorist benefits when, in the course of a borrower’s authorized test drive of an insured vehicle, a passenger in the vehicle is injured as a result of the negligence of an uninsured third party tortfeasor. The defendant, New Hampshire Insurance Company, appeals from the judgment of the trial court upholding the ruling by an arbitration panel that the defendant, the insurer of Jim’s Auto Repair (Jim’s Auto), and not the borrower’s insurer, was required to provide primary uninsured motorist coverage to the plaintiff, George Sandor. We affirm the judgment of the trial court.

The following undisputed facts are relevant to this appeal. On December 31, 1992, Jim’s Auto loaned to Ralph Masselli a motor vehicle for the purpose of taking a test drive. The plaintiff, Masselli’s brother-in-law, accompanied Masselli on the test drive and was injured [795]*795when the loaned motor vehicle that Masselli was driving collided with a motor vehicle owned and negligently operated by Dawn Cappellieri. Masselli was not at fault in the collision. At the time of the accident, neither the plaintiff nor Cappellieri was insured. Masselli was insured under an automobile policy issued by the Aetna Insurance Company (Aetna), that provided $25,000 in liability coverage and $25,000 in uninsured motorist coverage for each of the two vehicles that Masselli owned. Jim’s Auto was insured under a garage policy issued by the defendant that provided $100,000 in liability coverage and $100,000 in uninsured motorist coverage.

The plaintiff sought uninsured motorist benefits under the policy issued to Jim’s Auto by the defendant, but the defendant denied coverage. Thereafter, the plaintiff applied to the trial court for an order to proceed with arbitration. The trial court granted the application. On December 13, 1995, a panel of three arbitrators conducted a hearing to determine whether the defendant was required to provide primary uninsured motorist coverage to the plaintiff. At the hearing, both the plaintiff and the defendant stipulated that a question of law existed as to the applicability of § 14-60 (a) to the determination of whether the defendant’s uninsured motorist insurance was primary. The parties also agreed throughout the proceedings that the uninsured motorist coverage provided by the defendant to the dealer plainly applied, as a contractual matter, to the plaintiff. The only question before the arbitrators was whether the terms of § 14-60 (a) abrogated the defendant’s contractual obligation under the circumstances of this case.

The arbitration panel concluded that the defendant was required to provide primary uninsured motorist coverage to the plaintiff.2 The defendant subsequently [796]*796filed an application with the trial court to vacate, correct or modify the arbitrators’ award on the ground that § 14-60 (a) requires the policy issued to Masselli, as the borrower of the loaned motor vehicle, to be the primary source of uninsured motorist benefits for the plaintiff. On the basis of its review of General Statutes §§ 38a-336 (d)3 and 14-60 (a), the trial court denied the defendant’s motion. 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).

On appeal, the defendant claims that the trial court improperly upheld the arbitration panel’s conclusion that the defendant should provide primary uninsured motorist coverage to the plaintiff. The defendant argues that, under § 14-60 (a), the automobile insurance policy issued to Masselli as the borrower of the loaned motor vehicle is the primary source of uninsured motorist coverage for the plaintiff. We are unpersuaded and, accordingly, we affirm the judgment of the trial court.

The defendant’s claim requires us to decide for the first time whether, in setting forth the priority of a borrower’s liability and property insurance, § 14-60 (a) [797]*797also establishes the priority of a borrower’s uninsured motorist coverage. In resolving this issue, “we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of this case, including the question of whether the language actually does apply. In seeking to determine that meaning, ‘we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter.’ ” United Illuminating Co. v. New Haven, 240 Conn. 422, 431, 692 A.2d 742 (1997).

We note at the onset that the legislature has imposed broad liability for many years on lenders of automobiles for injuries arising out of the misuse of their automobiles. See, e.g., General Statutes § 14-154a; Gionfriddo v. Avis Rent A Car System, Inc., 192 Conn. 280, 472 A.2d 306 (1984). Because the plaintiff’s injury resulted from the misuse of a third party’s automobile, the legislative objective embodied in § 14-154a is not directly implicated in this case. Nonetheless, the legislature’s broad policy of holding lenders responsible for injuries associated with the use of their automobiles directs us to construe narrowly those statutes that limit lender liability.

With this principle in mind, we consider the language of the statute. Section 14-60 (a) permits an automobile dealer to lend a motor vehicle for the purpose of demonstration “provided such person shall furnish proof to the dealer or repairer that he has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned motor vehicle . . . .” (Emphasis added.) This clause has been part of § 14-60 (a) since 1959; see Public Acts 1959, No. 499, § 1; and it emphasizes the responsibility of the borrower’s insurer for any damage caused [798]*798by the borrower in the operation of the loaned motor vehicle. In 1961, the legislature amended § 14-60 (a) to require that the automobile Lability and property insurance of the borrower of a motor vehicle loaned by the dealer is the primary source of coverage. See Public Acts 1961, No. 277, § 1; Whitfield v. Empire Mutual Ins. Co., 167 Conn. 499, 505, 356 A.2d 139 (1975). The legislature again amended § 14-60 (a) in 1973 “to clarify the consequences of a dealer’s violation of the statute . . . .” Cook v. Collins Chevrolet, Inc., 199 Conn. 245, 249, 506 A.2d 1035 (1986). The provision added in 1973 requires that, if the borrower does not have any automobile liability or property insurance, the borrower and the dealer are “jointly liable for any damage to any person or property caused by the operation of such loaned motor vehicle . . . .” (Emphasis added.) Public Acts 1973, No. 73-233.

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Cite This Page — Counsel Stack

Bluebook (online)
699 A.2d 96, 241 Conn. 792, 1997 Conn. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandor-v-new-hampshire-insurance-conn-1997.