Cardona v. Encompass Ins. Co.

Decision Date14 December 2017
Docket Number17–P–358
Citation92 Mass.App.Ct. 1118,95 N.E.3d 300 (Table)
Parties Christian CARDONA v. ENCOMPASS INSURANCE COMPANY.
CourtAppeals Court of Massachusetts

92 Mass.App.Ct. 1118
95 N.E.3d 300 (Table)

Christian CARDONA
v.
ENCOMPASS INSURANCE COMPANY.

17–P–358

Appeals Court of Massachusetts.

Entered: December 14, 2017


MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

This case arises from a judgment in the Superior Court wherein the judge dismissed the plaintiff's complaint for arbitration and allowed judgment for the defendant, Encompass Insurance Company (Encompass). We affirm.

Background. The plaintiff, Christian Cardona, was a passenger in a vehicle owned and operated by his mother and insured by Encompass. When she slowed to make a turn, the vehicle was struck from the rear by another vehicle which left the scene. The plaintiff's mother followed the other vehicle, and the plaintiff recorded its registration number, which he observed on the license plate.2

The plaintiff reported the accident, and a review of the Registry of Motor Vehicles database established that the plate number was for a 2010 Honda owned by Stephanie Carnevale, and insured by Allstate Insurance Company (Allstate). The plaintiff made an insurance claim against Carnevale for his injuries sustained in the motor vehicle accident. Allstate investigated the accident and denied the plaintiff's claim by informing the plaintiff that Allstate's insured, Carnevale, "was not responsible for the accident" because she denied "ever being in an accid[en]t with [the plaintiff] at this location."3

The plaintiff then sought uninsured motorist benefits (UM benefits) from Encompass, asserting that because Allstate had denied the claim, he was entitled to UM benefits as the victim of a "hit-and-run" accident. When Encompass denied the claim, the plaintiff filed this action seeking arbitration of his uninsured motorist claim pursuant to the Encompass insurance policy.

Encompass filed a motion to dismiss or, in the alternative, a motion for summary judgment. The plaintiff filed a cross motion for summary judgment.4 A Superior Court judge allowed Encompass's motion and denied the plaintiff's motion. Judgment entered for Encompass, and the plaintiff appealed.

Standard of review. "We review a grant of summary judgment de novo to determine ‘whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to a judgment as a matter of law.’ " Juliano v. Simpson, 461 Mass. 527, 529–530 (2012), quoting from Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). See Mass.R.Civ.P. 56(c), as amended, 436 Mass. 1404 (2002). "The responsibility of construing the language of an insurance contract is a question of law for the trial judge, and then for the reviewing court."5 Ruggerio Ambulance Serv., Inc. v. National Grange Ins. Co., 430 Mass. 794, 797 (2000) (quotation omitted). See Lumber Mut. Ins. Co. v. Zoltek Corp., 419 Mass. 704, 707 (1995) ; Lexington Ins. Co. v. All Regions Chem. Labs, Inc., 419 Mass. 712, 713 (1995) ; Seaco Ins. Co. v. Barbosa, 435 Mass. 772, 779 (2002).

In general, the rules of construction entitle an insured to "the most favorable interpretation of the policy language when there is more than one rational interpretation of the policy language, or where the policy language is ambiguous." Richardson v. Liberty Mut. Fire Ins. Co., 47 Mass. App. Ct. 698, 702 (1999), quoting from Nashua Corp. v. First State Ins. Co., 420 Mass. 196, 200 (1995). This rule of resolving ambiguities in a policy against the insurer, however, is inapplicable where the language of the contract is that of the standard policy and is, therefore, prescribed by statute and controlled by the Division of Insurance. See Jacobs v. United States Fid. & Guar. Co., 417 Mass. 75, 76 (1994). Instead, the "policy language must be ‘read as a whole and in the context of the insurance scheme in Massachusetts.’ " Massachusetts Insurers Insolvency Fund v. Premier Ins. Co., 449 Mass. 422, 427 (2007), quoting from Massachusetts Insurers Insolvency Fund v. Safety Ins. Co., 439 Mass. 309, 313 (2003).

Discussion. The plaintiff contends that he is entitled to UM benefits under the Encompass policy because (1) he is the victim of a hit-and-run motor vehicle, and (2) the operator of that vehicle has not been identified. We disagree. Under the statutory scheme, the 2010 Honda is properly characterized as an insured motor...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT