DeRubbo v. Aetna Ins. Co.

Citation288 A.2d 430,161 Conn. 388
CourtSupreme Court of Connecticut
Decision Date25 June 1971
PartiesAnthony DeRUBBO et al. v. AETNA INSURANCE COMPANY.

Robert L. Trowbridge, Glastonbury, for appellant (defendant).

Bernard E. Francis, Elmwood, for appellees (plaintiffs).

Before HOUSE, C.J., and THIM, RYAN, SHAPIRO and LOISELLE, JJ. concurring.

THIM, Associate Justice.

This action was brought pursuant to the provisions of § 38-175 of the General Statutes to recover from the defendant, which had issued to Frank T. Erardi, doing business as Erardi Sales and Service, Inc., a garage liability policy, the amount of judgments obtained by the plaintiffs against Joseph P. Cannatelli, Sr., by reason of his negligent operation of an automobile purportedly in the possession of Erardi. The jury returned a verdict for the plaintiffs. The defendant then moved to set aside the verdict and for a judgment notwithstanding the verdict. The motions were denied and judgment was rendered on the verdict. The defendant has assigned as error the denial of his two motions and portions of the charge in which the court construed provisions of the policy and charged on ownership and transferral.

The basic facts of this case are not in dispute. On July 10, 1964, Cannatelli, Sr., was involved in an automobile accident with the plaintiffs. At the time of the accident he was operating a motor vehicle with dealer registration belonging to Erardi. Four to six weeks before the accident Joseph Cannatelli, Jr., paid Erardi the full purchase price of the car in cash, plus the registration fee and taxes. Cannatelli, Jr., received from Erardi a bill of sale and the vehicle. Cannatelli, Jr., had made arrangements to have liability coverage on the car effective when the car was registered. The car could not be registered until he received a certificate of title. He visited Erardi almost daily in an attempt to obtain the certificate of title. The vehicle was never returned to Erardi after payment by Cannatelli, Jr. On the day of the accident, the still unregistered vehicle was being used by Cannatelli, Sr., to deliver produce for his employer. As a consequence of the accident the plaintiffs instituted suit against Cannatelli, Sr., for their personal injuries. As noted, they were successful. The defendant admitted that it had a garage liability insurance policy issued to Erardi in full force and effect at the time of the accident. It denied, however, that Cannatelli, Sr., was insured under that policy. It admitted that it refused to pay the judgments rendered against Cannatelli, Sr.

One of the elements of a cause of action brought under § 38-175 is that the judgment rendered is against a person who was insured by the defendant against liability on the policy. Skut v. Hartford Accident & Indemnity Co.,142 Conn. 388, 393, 114 A.2d 681. Thus, the basic issue in this case is whether the policy issued by the defendant to Erardi covered the operation of the vehicle by Cannatelli, Sr. Whether it did must be determined from the language of the policy. 1

The defendant excepted to the court's charge concerning the definition of an 'insured' as specified in the policy. The plaintiffs claimed that there was coverage under the policy because Cannatelli, Sr., was operating the vehicle with the permission of Erardi. The defendant, however, claimed that Cannatelli, Sr., was not an insured under the provisions of the policy because Erardi had transferred possession of the vehicle to Cannatelli, Jr., pursuant to an agreement. The policy specifically states: '(A)ny person or organization other than the named insured with respect to any automobile . . . possession of which has been transferred to another by the named insured pursuant to an agreement of sale' is not an insured within the terms of the policy. The court charged the jury that the construction and interpretation of the policy was a question of law for the court. It further charged that the court cannot import into a policy an ambiguity where none exists and give to its language a meaning which the parties never intended. The court then recited the exact language of the provision of the policy in question and stated that 'it means just what it says.' This statement was followed by the charge: 'If . . . the automobile which Joseph Cannatelli, Sr. was driving had been transferred to another by the named assured pursuant to an agreement of sale then the person driving this car is not an insured under this policy according to this clause.'

Thereafter, the court recited to the jury the claims made by the plaintiffs, namely: That Erardi never transferred the car to Cannatelli, Jr., because it was never listed in his name; that Erardi never furnished a certificate of title; that because the car bore dealer's plates it was not Cannatelli, Jr.'s car; that it still belonged to Erardi or was in his control. The court then charged the jury that registration under our law was a declaration of ownership, that it was merely evidence of ownership to be considered in connection with other evidence on that issue and was not conclusive as to title. Finally, the court charged that it was for the jury to decide whether Erardi transferred the car pursuant to an agreement of sale. In effect, the jury were instructed to read out of the clause the word 'possession,' to substitute 'transfer' and to attribute different meanings to 'transfer.' From the instructions, the jury could have held that the clause meant to transfer 'ownership' of the car rather than 'possession,' a distinctly different concept.

Since, in this case, the facts are not in dispute, the construction and legal effect of the provisions of the policy are questions of law for the court, even in a jury trial. Bria v. St. Joseph's Hospital, 153 Conn. 626, 632, 220 A.2d 29. It is the court's duty to construe the provision of the policy in question and to instruct the jury as to the correct interpretation. See Libero v. Lumbermens Mutual Casualty Co., 143 Conn. 269, 274, 121 A.2d 622. When the language of a policy is plain and unambiguous the terms must be accorded their natural and ordinary meaning. LaBonte v. Federal Mutual Ins. Co., 159 Conn. 252, 256, 268 A.2d 663; Lyon v. Aetna Casualty & Surety Co., 140 Conn. 304, 99 A.2d 141. There is nothing ambiguous about the meaning of the language appearing in the disputed provision of this policy. Erardi transferred physical possession of the car to Cannatelli, Jr., pursuant to an agreement of sale. None of the parties contends to the contrary. The plaintiffs concede that Cannatelli, Jr., paid the full price, together with a sum of money to pay taxes and the registration fee, and he received in return a bill of sale for the car. The only part of the transaction to be completed was delivery of a certificate of title. If 'agreement of sale' were construed to mean 'fully performed agreement of sale,' not only would the language of the policy be distorted but the clause would become a nullity. It would be unjust and inequitable to hold the defendant liable for damages inflicted by a motor vehicle which had been sold by the insured and had completely and irrevocably passed from his right of possession and control, simply because the insured had neglected to comply with a provision of the motor vehicle title and registration law by failing to execute and deliver a muniment of title prior to the occurrence of the accident although the sale and transfer had been completed in every other respect. See Hayes v. Hartford Accident & Indemnity Co., 57 Tenn.App. 254, 417 S.W.2d 804; Grange Mutual Casualty Co. v. Clifford, 13 Ohio Misc. 12, 41 Ohio Op.2d 433, 230 N.E.2d 686; Rudes v. Hartford Accident & Indemnity Co., 32 A.D.2d 575, 299 N.Y.S.2d 86.

Not only had possession been transferred but title had also passed pursuant to the Uniform...

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6 cases
  • Griffith v. Security Ins. Co. of Hartford
    • United States
    • Connecticut Supreme Court
    • January 14, 1975
    ...Ins. Co., 159 Conn. 252, 256, 168 A.2d 663; Lyon v. Aetna Casualty & Surety Co., 140 Conn. 304, 99 A.2d 141.' DeRubbo v. Aetna Ins. Co., 161 Conn. 388, 392, 288 A.2d 430, 433. 'A court will not torture words to import ambiguity where the ordinary meaning leaves no room for ambiguity, and wo......
  • Nat. Grange Mut. Ins. Co. v. Santaniello
    • United States
    • Connecticut Supreme Court
    • January 13, 2009
    ...be adequate, we disagree with this claim for substantially the same reasons advanced by the trial court. See DeRubbo v. Aetna Ins. Co., 161 Conn. 388, 393-94, 288 A.2d 430 (1971) (notwithstanding dealer's failure to provide customer with certificate of title in accordance with motor vehicle......
  • National Grange Mutual Insurance Company v. Santaniello, (SC 17961) (Conn. 1/13/2009)
    • United States
    • Connecticut Supreme Court
    • January 13, 2009
    ...be adequate, we disagree with this claim for substantially the same reasons advanced by the trial court. See DeRubbo v. Aetna Ins. Co., 161 Conn. 388, 393-94, 288 A.2d 430 (1971) (notwithstanding dealer's failure to provide customer with certificate of title in accordance with motor vehicle......
  • Phelan ex rel. Estate of Phelan v. Daimler Chrysler
    • United States
    • U.S. District Court — District of Connecticut
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    ...her analysis, which is further supported by: State v. Cardwell, 246 Conn. 721, 730-32, 718 A.2d 954 (1998); DeRubbo v. Aetna Ins. Co., 161 Conn. 388, 393-94, 288 A.2d 430 (1971); Providence Electric Co. v. Sutton Place Inc., 161 Conn. 242, 247, 287 A.2d 379 (1971). Phelan objects to this as......
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