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
- 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.
- 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.
- 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
- 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.
- 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
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