Travelers Insurance Company v. Pondi-Salik

262 Conn. 746 (2003) · Supreme Court of Connecticut · March 25, 2003

Summary

The Connecticut Supreme Court affirmed an arbitration award of uninsured motorist benefits to a former state trooper injured while on duty. The court held that benefits paid under General Statutes § 5-192p are retirement benefits, rather than disability benefits, and therefore were not deductible from the uninsured motorist award under the applicable policy.

Holdings

  1. Benefits paid pursuant to General Statutes § 5-192p are in the nature of retirement benefits, not disability benefits, and therefore are not deductible from the defendant's uninsured motorist award under the policy.
  2. A court reviewing a compulsory uninsured motorist arbitration proceeding must conduct de novo review of the arbitrators' interpretation and application of the law, including coverage issues.
  3. Connecticut statutory interpretation requires consideration of the statutory text, legislative history and circumstances, legislative policy, and the relationship to existing legislation and common-law principles, without applying a threshold plain-meaning rule.

Questions Presented

  1. Whether benefits paid or payable under General Statutes § 5-192p are disability benefits or retirement benefits for purposes of the policy's uninsured motorist offset provision.
  2. Whether the trial court properly denied Travelers' application to vacate the compulsory arbitration award.

Disposition

affirmed

Cases Cited (9)

  • American Universal Ins. Co. v. DelGreco, 205 Conn. 178, 190-91, 530 A.2d 171 (1987)(followed)
  • Quigley-Dodd v. General Accident Ins. Co. of America, 256 Conn. 225, 234, 772 A.2d 577 (2001)(followed)
  • State v. Courchesne, 262 Conn. 537, 577-78, 816 A.2d 562 (2003)(followed)
  • Schiano v. Bliss Exterminating Co., 260 Conn. 21, 42, 792 A.2d 835 (2002)(followed)
  • Doe v. Doe, 244 Conn. 403, 428-29, 710 A.2d 1297 (1998)(followed)
  • Zichichi v. Middlesex Memorial Hospital, 204 Conn. 399, 405, 528 A.2d 805 (1987)(followed)
  • Zachs v. Groppo, 207 Conn. 683, 696, 542 A.2d 1145 (1988)(followed)
  • Doe v. Institute of Living, Inc., 175 Conn. 49, 62, 392 A.2d 491 (1978)(followed)
  • Vitti v. Allstate Ins. Co., 245 Conn. 169, 178, 713 A.2d 1269 (1998)(distinguished)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…