AC45054
- Curley v. Phoenix Ins. Co. (“In this action to recover underinsured
motorist benefits, the plaintiff, Diana Curley, appeals from the judgment of
the trial court rendering summary judgment for the defendant, The Phoenix
Insurance Company. The court concluded that the plaintiff was not an insured
within the meaning of the commercial automobile liability insurance policy
issued by the defendant to the plaintiff’s employer, the University of
Bridgeport (university), because she was not occupying a covered vehicle for
purposes of the underinsured motorist coverage endorsement. On appeal, the
plaintiff claims that the court improperly rendered summary judgment for the
defendant because (1) the court’s construction of the university’s policy
violates General Statutes § 38a-336 (a) (2), (2) the plaintiff is entitled to
underinsured motorist benefits pursuant to the policy’s business auto extension
endorsement, and (3) denying the plaintiff underinsured motorist benefits would
violate public policy. We agree with the plaintiff’s first claim and,
therefore, reverse the judgment of the trial court.”)