The plaintiffs, Slubowski and Levine, were passengers in an ambulance that was struck by a motor vehicle that the court states was unidentified. The plaintiffs sought uninsured motorist benefits from the ambulance’s insurer, as well as from each of their own respective insurance companies.
The insurer for one of the passengers moved for summary judgment on the ground that the passenger’s lawsuit was precluded by Conn. Gen. Stat. § 38a-336(d), which provides that (1) “[r]egardless of the number of policies issued, vehicles or premiums shown on a policy, premiums paid, persons covered, vehicles involved in an accident, or claims made, in no event shall the limit of liability for uninsured and underinsured motorist coverage applicable to two or more motor vehicles covered under the same or separate policies be added together to determine the limit of liability for such coverage available to an injured person or persons for any one accident;” (2) “[i]f a person insured for uninsured and underinsured motorist coverage is an occupant of a nonowned vehicle covered by a policy also providing uninsured and underinsured motorist coverage, the coverage of the occupied vehicle shall be primary and any coverage for which such person is a named insured shall be secondary;” (3) “[a]ll other applicable policies shall be excess;” and (4) “[t]he total amount of uninsured and underinsured motorist coverage recoverable is limited to the highest amount recoverable under the primary policy, the secondary policy or any one of the excess policies.”
Accordingly, the trial court granted summary judgment in favor of the passenger’s insurer on the grounds that coverage provided by that insurer was not recoverable because the total uninsured motorist coverage was capped at the $1,000,000 limit of the ambulance’s policy.
