This is an appeal from the judgment of the trial court rendered after the granting of a motion for summary judgment in favor of the defendant, Hartford
The trial court found the following facts. On August 29, 1992, the plaintiff was a passenger in a vehicle driven by August Wildman. Wildman's vehicle collided with a vehicle driven by Judith Nicolari, the tortfeasor. Nicolari's liability insurance has a single limit of $500,000.
In his two count complaint, the plaintiff sought to recover underinsured motorist benefits. In count one, the plaintiff made a claim under a policy issued by the defendant to Florindo D'Arcangelo and Malfado D'Arcangelo (D'Arcangelo policy), which provides $100,000 coverage per person and $300,000 per accident for three vehicles. In count two, the plaintiff made a claim under a policy issued by the defendant to Wildman (Wildman policy), which provides $250,000 coverage per person and $500,000 per accident.
The defendant filed a motion for summary judgment on the ground that Nicolari's vehicle is not underinsured
The plaintiff contends that in order to assess whether Nicolari's vehicle is underinsured, the tortfeasor's insurance limit must be compared against the per accident limit of each underinsured motorist policy. Thus, the plaintiff argues that because he has $300,000 per accident coverage on each of his three vehicles under the D'Arcangelo policy, the stacked per accident limit is $900,000 and, therefore, Nicolari's vehicle is underinsured.
The trial court ruled that the plaintiff could collect only the total per person limits, not the per accident limits. It found that the plaintiff's policy has a total $300,000 per person underinsured limit and concluded that Nicolari is not underinsured. We agree.
"Courts construing statutes ... that compare uninsured motorist coverage limits with tortfeasor liability limits have generally held that the legislative objective was simply to give an insured who is injured in an accident the same resource he would have had if the tortfeasor had carried liability insurance equal to the amount of the insured's uninsured motorist coverage. Where an underinsured motor vehicle is statutorily defined as an insured motor vehicle with applicable liability limits less in amount than the injured person's uninsured motorist's limits, it is clear that the underinsured motorist coverage is not applicable if the insured person's uninsured motorist limits are equal to, or less than, the tortfeasor's liability limits." (Internal quotation marks omitted.) American Motorists Ins. Co. v. Gould, 213 Conn. 625, 632, 569 A.2d 1105 (1990). Where the insurance policy is a split limit policy, "the total of the per person limit is the amount of liability insurance
We conclude that the decision in Coon is dispositive of the issue on appeal.
In the present case, the plaintiff had a stacked total of $900,000 per accident uninsured motorist coverage, but he never had more than the stacked total of $300,000
The judgment is affirmed.
In this opinion the other judges concurred.
The plaintiff also cites decisions from several foreign jurisdictions in order to support his position. After a review of these cases we find that they are not persuasive. None of the cases cited involves statutes with the same wording as the statute in place in Connecticut as it applies to the facts in the matter before us.