Stratton v. Abington Mutual Fire Insurance

520 A.2d 617, 9 Conn. App. 557, 1987 Conn. App. LEXIS 806
CourtConnecticut Appellate Court
DecidedFebruary 3, 1987
Docket4264
StatusPublished
Cited by13 cases

This text of 520 A.2d 617 (Stratton v. Abington Mutual Fire 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
Stratton v. Abington Mutual Fire Insurance, 520 A.2d 617, 9 Conn. App. 557, 1987 Conn. App. LEXIS 806 (Colo. Ct. App. 1987).

Opinion

Bieluch, J.

This is an action to collect damages under a homeowner’s insurance policy. The plaintiff has appealed from the judgment rendered for the named defendant,1 in accordance with the report of the attorney trial referee. On appeal, the plaintiff claims that the trial court erred in sustaining the referee’s finding that the defendant had established its special defense that the insurance policy had been effectively cancelled by the defendant prior to the plaintiff’s loss.

The plaintiff asserts that the notice of cancellation clause in the insurance policy was ambiguous and, therefore, should have been construed to sustain the plaintiff’s claim. He argues that the mailing of the notice of cancellation by certified mail was not provided for in the policy. Furthermore, he alleges that the policy contained no provision describing where the notice of policy cancellation was to be mailed. He claims that the insurer was under a further obligation to notify the plaintiff of cancellation when the original notice by certified mail was returned undelivered. Finally, he alleges [559]*559that the evidence was insufficient to sustain the referee’s finding that the post office had left two “pink slips” in the plaintiff’s mailbox notifying him of where and when he could personally be given the certified letter at a postal window.

The referee’s finding of facts are as follows: On April 16, 1979, the plaintiff purchased a three year homeowner’s policy of insurance from the defendant. The policy premiums were payable at inception and at each subsequent anniversary date. The policy contained the following cancellation clause: “3. CANCELLATION OF POLICIES WITH A TERM OF MORE THAN ONE YEAR. . . . [T]his Company may cancel any policy with a term of more than one year by mailing or delivering to the Insured, not less than 30 days prior to any anniversary date of this policy, written notice stating that cancellation shall be effective on the anniversary date of this policy. The mailing of notice as aforesaid shall be sufficient proof of notice.”

On February 19,1980, not less than thirty days prior to the first anniversary date of the policy, the defendant mailed to the plaintiff by certified letter written notice of cancellation of the policy, effective on April 16, 1980. The referee concluded that this notice of cancellation of policy conformed to the requirements of the statutes and of the insurance commissioner, as well as to the terms of the policy. No bill for the second yearly premium was issued by the defendant, and no payment for the next year’s renewal was made by the plaintiff.

On July 26,1980, the plaintiff incurred a loss by theft at his insured premises, 182 Leetes Island Road, Guilford. The plaintiff filed a claim for the loss through his insurance agent. He was subsequently notified that his insurance coverage was not in effect at the time of loss, having been cancelled as of April 16,1980. The defendant, therefore, denied payment for the loss.

[560]*560The referee acknowledged that the threshold issue was “whether the policy was in effect on the date of the loss or had been cancelled on April 16,1980 by virtue of the notice of cancellation as alleged by Defendant.” The referee found that the plaintiff did not receive notice of the cancellation which had been properly addressed and mailed to the plaintiff at his residence by certified mail. The plaintiffs mail was regularly delivered by a rural mail carrier to his roadside mailbox, where it was routinely picked up. Because the notice of cancellation was sent by certified mail, the carrier was required to deliver the letter to the plaintiff at his residence with proof of delivery. When his first attempt at delivery on February 25, 1980, was unsuccessful, he left a “pink slip” in the roadside mailbox advising the plaintiff of the certified mail awaiting him at the Guilford post office. When the notice of cancellation was still unclaimed on March 1, 1980, the mail carrier made a second attempt to deliver the letter to the plaintiff at his residence. Again nobody was home, and a second “pink slip” was left in the plaintiff’s mailbox. On March 11, 1980, the certified letter was mailed back to the defendant by the Guilford post office as “unclaimed.” It was thereafter returned to the defendant on March 17, 1980.

The referee found that during “all times [relevant], the Plaintiff resided at 182 Leetes Island Road, Guilford and was not absent therefrom during vacation or other prolonged periods.” He also found that during the months of February and March of 1980, the mail left in the plaintiff’s roadside mailbox was being removed. He concluded that the plaintiff’s loss on July 26, 1980, was not insured under the defendant’s policy of insurance as of April 16, 1980, the policy having been terminated by the defendant’s notice of cancellation dated February 19, 1980. The court subsequently rendered judgment in favor of the defendant in accordance with the referee’s report.

[561]*561The plaintiff claims that the term “mailing” and the phrase “mailing ... to the Insured . . . written notice” in the cancellation provision of the insurance policy are ambiguous and should, therefore, be construed in the plaintiffs favor.

“Strict compliance by an insurer with the statutory mandates and policy provisions as to notice is essential to effect a cancellation through such notice. . . . Any ambiguities in the notice will be construed in favor of the insured.” (Citations omitted.) Travelers Ins. Co. v. Hendrickson, 1 Conn. App. 409, 412, 472 A.2d 356 (1984). In the present case, the term “mailing” is not ambiguous. Saying so does not make it so. “When the provision in a policy is that notice by mail is sufficient, that provision is broad enough to cover all the kinds of mail which are commonly used to convey messages.” Westmoreland v. General Accident F. & L. Assurance Corporation, 144 Conn. 265, 271, 129 A.2d 623 (1957) (“[t]he sending of a notice of cancellation by registered mail is compliance with the requirement of the policy that the notice shall be mailed”). Mailing in a special form that furnishes proof of delivery is just as much “mailing” as ordinary mail, with the additional service of a record obtained and retained by the postal authorities of its receipt by the addressee.

The term “mailing” used in the insurance policy, while inclusive of various types of mailing, is not ambiguous. It consists of the delivery of correspondence through the agency of the postal authorities in one of many forms of delivery available to the sender at an appropriate rate of postage.

The plaintiff also alleges that the phrase “mailing ... to the Insured . . . written notice” is ambiguous because it fails to designate a place where such notice should be sent. The ordinary meaning of this phrase indicates that the notice was to be sent to the [562]*562address of the insured furnished by him and contained in the policy. The declarations of the policy for the “Named Insured and P.O. Address” are “Kevin Stratton, 182 Leetes Island Road, Guilford, Conn. 06437.” This address also describes the “residence premises covered [by the policy].” The plaintiff does not identify any other address where he maintains that notice of the cancellation should have been sent.

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Cite This Page — Counsel Stack

Bluebook (online)
520 A.2d 617, 9 Conn. App. 557, 1987 Conn. App. LEXIS 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stratton-v-abington-mutual-fire-insurance-connappct-1987.