523 A.2d 477
(12827) (12841) (12881)Supreme Court of Connecticut
PETERS, C.J., SHEA, DANNEHY, SANTANIELLO and CALLAHAN, Js.
In the first case, the plaintiff, B, who had been injured while operating a motorcycle in 1982, sought a declaratory judgment determining that, by statute (38-175a through 38-175e), he was entitled to underinsured motorist benefits under a motorcycle insurance policy issued by the defendant insurer, P Co. The trial court granted B’s motions for summary judgment and for an order compelling arbitration of all issues of coverage, liability and damages, and P Co. appealed. In the second case, the trial court granted the motion by the named defendant, D, to dismiss the action by the plaintiff, P Co., for a declaratory judgment determining whether a motorcycle policy issued by P Co. to D’s decedent, who had been killed while operating a motorcycle in 1980, provided underinsured motorist benefits. The trial court held that, by statute (38-175c), coverage issues had to be submitted to arbitration. On P Co.’s appeal to the Appellate Court, the trial court’s determination was affirmed. Following the granting of certification, P Co. appealed to this court. In the third case, the plaintiff, V, who was injured while operating a motorcycle in 1984, applied to the trial court for an order compelling the defendant, P Co., to proceed with arbitration to determine whether V was entitled to underinsured motorist coverage under a motorcycle insurance policy issued by P Co. The trial court dismissed his application reasoning that the 38-175c mandate of binding arbitration for automobile liability insurance policies did not apply to V’s policy because it was a motorcycle policy. V then appealed. The three cases were consolidated for purposes of appeal. Held that at the times in question here, 38-175a through 38-175e did not mandate that motorcycle policies provide uninsured and underinsured motorist coverage, nor did they mandate arbitration for issues of coverage of motorcycle policies, the legislature having intended those statutes to
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apply only to automobile insurance policies; accordingly, the trial court in the first case erred in granting B’s motions for summary judgment and to compel arbitration, the Appellate Court in the second case erred in affirming the trial court’s granting of D’s motion to dismiss, and the trial court in the third case correctly dismissed Vs application to compel arbitration.
Argued December 4, 1986
Decision released March 31, 1987
Action, in the first case, for a declaratory judgment to determine whether the plaintiff was entitled to underinsured motorist benefits under a motorcycle insurance policy issued by the defendant, brought to the Superior Court in the judicial district of Hartford- New Britain at New Britain, where the court, McDonald, J., granted the plaintiff’s motion for summary judgment and rendered judgment thereon, from which the defendant appealed. Error; judgment directed.
Action, in the second case, for a declaratory judgment to determine whether a motorcycle insurance policy issued by the plaintiff provided the named defendant’s decedent with underinsured motorist benefits, brought to the Superior Court in the judicial district of New London, where the court, Vasington, J., granted the named defendant’s motion to dismiss and rendered judgment for the defendants, from which the plaintiff appealed to the Appellate Court, Hull, Spallone and Daly, Js.; judgment affirming the trial court’s decision, from which the plaintiff, on the granting of certification, appealed to this court. Reversed.
Application, in the third case, to compel the defendant to proceed with arbitration to determine whether the plaintiff was entitled to underinsured motorist benefits under a motorcycle insurance policy issued by the defendant, brought to the Superior Court in the judicial district of New London and tried to the court Berdon, J.; judgment for the defendant dismissing the plaintiff’s application, from which the plaintiff appealed. No Error.
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Jon S. Berk, with whom, on the brief, was Thomas P. Barrett, for the appellant in the first two cases and the appellee in the third case (Progressive Casualty Insurance Company).
David H. Herrmann, for the appellee in the first case (plaintiff Wayne Beloff).
Thomas B. Wilson, with whom, on the brief, was Kerin M. Woods, for the appellee in the second case and the appellant in the third case (named defendant Marion Lawrence DiGangi, Administratrix, and plaintiff William L. Vogel).
SANTANIELLO, J.
The dispositive issue in this consolidated appeal, is whether, at the relevant times, General Statutes 38-175a through 38-175e[1] governed
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motorcycle insurance policies so as to mandate that such policies provide uninsured and underinsured motorist coverage, and that disputes about coverage
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issues arising out of such policies be submitted for final consideration to binding arbitration. We hold that there was no such mandate.
The underlying facts are not in dispute. In Beloff v. Progressive Casualty Ins. Co., Docket No. 12827, Wayne Beloff was operating a motorcycle on October 26, 1982, when he was struck and seriously injured by another motor vehicle. At the time of the accident, Beloff lived at home with his mother, who had insured two motorcycles, including the one Beloff was riding, with Progressive Casualty Insurance Company (Progressive).
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Upon settlement of the liability claim with the party responsible for the accident for his full policy limit of $20,000, Beloff sought to recover additional benefits from Progressive, claiming that he was entitled to underinsured motorist benefits under the two motorcycle policies. Each policy contained a provision for uninsured motorist coverage, conditioned on the payment of additional premiums.[2] Beloff’s mother, however, had not paid for uninsured motorist protection. Progressive denied Beloff’s claim and refused to submit the matter to arbitration.
Beloff brought an action seeking a declaratory judgment that General Statutes 38-175a through 38-175e mandated that all insurance policies provide uninsured and underinsured motorist coverage, and that Progressive must submit all the coverage issues to arbitration. Both Beloff and Progressive filed motions for summary judgment. The trial court, McDonald, J., reasoned that motorcycle insurance policies were required, as a matter of law, to provide uninsured and underinsured motorist coverage, and thus, there was no genuine issue of any material fact. Accordingly, the court granted Beloff’s motion. After the court’s decision, Beloff filed a motion to compel Progressive to submit to binding arbitration on all issues of coverage, liability and damages. The court granted this motion, and Progressive appealed.
In Progressive Casualty Ins. Co. v. DiGangi, Docket No. 12841, James Lawrence was killed on April 11, 1980, when his motorcycle collided with another vehicle. At the time of the accident, Lawrence possessed two insurance policies: an automobile policy issued by Criterion Insurance Company, which provided uninsured
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motorist coverage in the amount of $20,000, and a motorcycle policy, which also provided for optional uninsured motorist benefits, issued by Progressive.[3]
Lawrence had paid a premium for uninsured motorist benefits provided under the Progressive policy.
The operator of the other motor vehicle paid the Lawrence estate his policy limit of $20,000, and thereafter, Marion Lawrence DiGangi, as administratrix of the Lawrence estate, submitted a claim for underinsured motorist benefits under the two policies. Progressive refused the claim and filed an action for declaratory judgment to determine whether underinsured motorist benefits were afforded by its motorcycle policy with Lawrence, and, in the event coverage existed, to determine the order of priority between its policy and the automobile policy issued by Criterion Insurance Company.
DiGangi moved to dismiss the action claiming that, under General Statutes 38-175c, the issues raised by Progressive’s action had to be decided by arbitration. The trial court, Vosington, J., granted DiGangi’s motion and held that, because Progressive sought to resolve issues involving coverage and because Progressive’s policy contained a binding arbitration clause, 38-175c mandated that the parties arbitrate the dispute. Upon appeal, the Appellate Court sustained the trial court’s determination, reasoning that Progressive sought to have the issue of coverage decided by the declaratory judgment, and that General Statutes 38-175c clearly mandated that such issues be determined by arbitration.[4] Progressive Casualty Ins. Co. v.
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DiGangi, 4 Conn. App. 137, 139, 492 A.2d 548 (1985). Upon the granting of certification, Progressive appealed to this court.
The third case consolidated on appeal, Vogel v. Progressive Casualty Ins. Co., Docket No. 12881, involves a similar factual situation. William Vogel was insured under a motorcycle insurance policy issued by Progressive.[5] This policy contained a provision for uninsured motorist coverage for which Vogel paid an additional premium, and a binding arbitration provision for liability and damage disputes. The policy did not, however, contain a provision for underinsured motorist coverage.
On July 19, 1984, Vogel was seriously injured when the motorcycle he was operating was struck by another motor vehicle. Vogel collected the liability policy limit of $25,000 from the operator of the other motor vehicle and then submitted a claim for underinsured motorist benefits under the Progressive policy. Progressive denied the claim and Vogel filed a motion to compel arbitration of his claim. The trial court, Berdon, J., dismissed Vogel’s motion, holding that General Statutes 38-175c, which mandates binding arbitration of automobile liability insurance policies, did not apply to this case because the insurance policy at issue was a motorcycle policy. Vogel appealed the trial court’s determination. After the Beloff and Vogel appeals were transferred to this court, these appeals were consolidated pursuant to Practice Book 3002 (now 4004).
Beloff, DiGangi and Vogel (hereinafter insureds) now contend that General Statutes 38-175a through 38-175e applied to Progressive’s motorcycle insurance policies at the time of their respective accidents so as
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to mandate the inclusion of uninsured and underinsured motorist coverage, and to mandate the submission of all coverage issues to arbitration. Progressive, on the other hand, argues that its motorcycle policies were not required to include such coverage, nor need it submit coverage issues to arbitration, because these sections did not then apply to motorcycle insurance policies. Thus, to resolve the issue before us, we must determine whether the legislature intended that General Statutes 38-175a et seq. govern insurance policies covering motorcycles.
Before reaching the merits of this appeal, we must, as a preliminary matter, determine whether the question before us should be decided in arbitration proceedings or by this court. The insureds argue that the issue of whether 38-175a through 38-175e govern motorcycle policies is a “coverage” issue, and as such, must be decided by arbitration as provided by General Statutes 38-175c (a).[6] Since the basis for the duty to arbitrate relied upon by the insureds is 38-175c (a), however, we must necessarily first determine whether it applies to motorcycle policies.
Recently, we have had the opportunity to examine the scope of 38-175c (a). In Security Ins Co. of Hartford v. DeLaurentis, 202 Conn. 178, 188, 520 A.2d 202
(1987), we held that the question of whether a policy’s uninsured motorist coverage provision extended benefits to accidents involving underinsured motorists was a question of coverage to be determined by arbitration. In Wilson v. Security Ins. Group, 199 Conn. 618, 623-24, 509 A.2d 467 (1986), we concluded that issues involving fleet stacking and workers’ compensation setoffs also involved issues of coverage, and therefore
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were subject to determination by arbitration. See also Carroll v. Aetna Casualty Surety Co., 189 Conn. 16, 19-21, 453 A.2d 1158 (1983); Oliva v. Aetna Casualty Surety Co., 181 Conn. 37, 41-42, 434 A.2d 304 (1980).
This appeal is distinguishable from the cases cited in that here there is a dispute as to whether the dictates of 38-175c (a) apply to the policies in question, not just a dispute over the scope of the coverage mandated by the section. Because the arbitrability of a dispute is ordinarily a legal question for the courts; Frager v. Pennsylvania General Ins. Co., 155 Conn. 270, 274, 231 A.2d 531 (1967); we conclude that the preliminary determination of whether motorcycle policies are governed by 38-175a through 38-175e is a question to be determined by this court, not an arbitrator. Cf. Board of Education v. Frey, 174 Conn. 578, 580-81, 392 A.2d 466 (1978).
In construing 38-175a, we must attempt to ascertain and give effect to the apparent intent of the legislature. Rhodes V. Hartford, 201 Conn. 89, 93, 513 A.2d 124 (1986); Norwich v. Silverberg, 200 Conn. 367, 370-71, 511 A.2d 336 (1986); Hayes v. Smith, 194 Conn. 52, 57, 480 A.2d 425 (1984); State v. Delafose, 185 Conn. 517, 521, 441 A.2d 158 (1981); 2A J. Sutherland, Statutory Construction (4th Ed. Sands 1984) 45.05. “When the words of a statute are plain and unambiguous, we need look no further for interpretative guidance because we assume that the words themselves express the intention of the legislature. Johnson v. Manson, 196 Conn. 309, 316, 493 A.2d 846 (1985), cert. denied, 474 U.S. 1063, 106 S.Ct. 813, 88 L.Ed.2d 787 (1986); Mazur v. Blum, 184 Conn. 116, 118-19, 441 A.2d 65
(1981). When we are confronted, however, with ambiguity in a statute, we seek to ascertain the actual intent by looking to the words of the statute itself; State v. Kozlowski, [199 Conn. 667, 673, 509 A.2d 20 (1986)]; Dukes v. Durante, 192 Conn. 207, 214, 471 A.2d 1368
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(1984); the legislative history and circumstances surrounding the enactment of the statute; State v. Kozlowski, supra, 673; DeFonce Construction Corporation v. State, 198 Conn. 185, 187, 501 A.2d 745
(1985); State v. Parmalee, 197 Conn. 158, 161, 496 A.2d 186 (1985); State v. Delafose, supra, 522; and the purpose the statute is to serve. Peck v. Jacquemin, 196 Conn. 53, 64, 491 A.2d 1043 (1985); Verrastro v. Sivertsen, 188 Conn. 213, 221, 448 A.2d 1344 (1982); Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 8, 434 A.2d 293 (1980).” Rhodes v. Hartford, supra.
An examination of the language of 38-175a fails to reveal definitively the types of vehicles that it governed at the time the policies involved in these cases were in force. Section 38-175a provides, in relevant part, that the “regulations with respect to minimum provisions to be included in automobile liability insurance policies. . . covering private passenger automobiles and commercial motor vehicles, as defined in subsection (7) of section 14-1 . . . shall make mandatory the inclusion of . . . uninsured motorists coverages. . . .” (Emphasis added.) At first blush, the cross reference in 38-175a itself would appear to resolve the issue before us. General Statutes 14-1 (7),[7]
however, defines only “commercial motor vehicle.” It does not define “private passenger automobiles,” nor is “private passenger automobiles” defined elsewhere in the statutes. It is therefore unclear from 38-175a whether the legislature intended “automobile liability insurance policies . . . covering private passenger automobiles” to include coverage for motorcycles.
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The insureds urge us to look to statutes governing similar subject matter to help ascertain the legislative intent. They contend that General Statutes 38-175f, regulating the cancellation of motor vehicle policies, adequately designates the types of vehicles covered by “automobile liability insurance policies,” and that motorcycles are so included.
General Statutes (Rev. to 1983) 38-175f states that the vehicles covered by automobile liability insurance policies include “the following types only: (1) A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others, or (2) any other four-wheel motor vehicle with a load capacity of fifteen hundred pounds or less which is not used in the occupation, profession or business of the insured . . .” In light of this statute, the insureds argue that because a “passenger motor vehicle” is defined as a “motor vehicle which has the capacity of carrying not more than ten passengers”; General Statutes 14-1 (35)[8] ; and because a motorcycle is defined as a “motor vehicle having not more than three wheels”; General Statutes 14-1 (25)[9] ; therefore, motorcycles are “motor vehicle[s] of the private passenger . . . type” `and accordingly are types of vehicles covered by “automobile liability insurance policies.”
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While we recognize the principle that statutes are to be interpreted with regard to other relevant statutes because the legislature is presumed to have created a consistent body of law; Heffernan v. Slapin, 182 Conn. 40, 46, 438 A.2d 1 (1980); State v. Giorgio, 2 Conn. App. 204, 209, 477 A.2d 134 (1984); we find General Statutes 38-175f of little help in interpreting 38-175a. Section 38-175f, and more specifically the term “motor vehicle of the private passenger . . . type” as set forth in that section, is itself not free from ambiguity. Although 14-1 (35) defines “passenger motor vehicle” as a motor vehicle which has the capacity to carry not more than 10 persons, “private passenger motor vehicle,” virtually the same phrase used in the mandate of minimum coverage contained in 38-175a, is defined differently elsewhere in the statutes.[10] Additionally, 38-175f refers to the types of vehicles covered as a “motor vehicle of the private passenger or station wagon type . . . or any other four-wheel motor vehicle” implying that all vehicles referred to in 38-175f must be four-wheel motor vehicles. (Emphasis added.) Therefore, it cannot be said that 38-175f clearly indicates that motorcycles are “motor vehicle[s] of the private passenger . . . type” to be covered by “automobile liability insurance policies.”
We find it significant that the insurance commissioner, in adopting regulations pursuant to 38-175a, defined a “`[p]rivate passenger automobile’ [to mean] the same as private passenger motor vehicle as defined
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in 38-319 (g) of the general statutes.” Regs., Conn. State Agencies 38-175a-2 (4). General Statutes (Rev. to 1983) 38-319 (g) defines a private passenger motor vehicle as “a: (1) Private passenger type automobile, (2) station wagon type automobile, (3) camper type motor vehicle, (4) high-mileage type motor vehicle as defined in . . . section 14-1, or (5) truck type motor vehicle with a load capacity of fifteen hundred pounds or less, registered as a passenger motor vehicle as defined in . . . section 14-1, or as a passenger and commercial motor vehicle as defined in section . . . 14-1, or used for farming purposes. It does not include a motorcycle or motor vehicle used as a public or livery conveyance.” (Emphasis added.)
The insureds argue that the exclusion of motorcycles from 38-319 (g) applies only to motorcycles used as a public or livery conveyance. We do not agree. In attempting to ascertain whether the legislature intended to exclude all motorcycles or just motorcycles used as a public or livery conveyance, we recognize that there is a presumption of purpose behind every sentence, clause or phrase, and that no word in a statute is to be treated as superfluous. Peck v. Jacquemin, supra, 60. Because a motorcycle is a motor vehicle, it would be redundant for the legislature to repeat the term “motorcycle,” if it meant to exclude only those motorcycles used as public or livery conveyances.
Moreover, in construing a statute, common sense must be used and we must assume that the legislature intended to accomplish a reasonable and rational result. Gentry v. Norwalk, 196 Conn. 596, 606, 494 A.2d 1206
(1985). We would be hard pressed to envision a situation where a motorcycle would be used as a public or livery conveyance. Therefore, we conclude that the legislature intended to exclude all motorcycles from its definition of “private passenger motor vehicle” in 38-319(g).
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Furthermore, as we have previously stated, when terms are ambiguous or have not been defined by this court or the legislature, the terms will be given their commonly approved meaning unless a contrary intent is clearly expressed. Federal Aviation Administration v. Administrator, 196 Conn. 546, 550, 494 A.2d 564
(1985); Hinchliffe v. American Motors Corporation, 184 Conn. 607, 623, 440 A.2d 810 (1981) (Armentano, J., dissenting); Rosnick v. Aetna Casualty Surety Co., 172 Conn. 416, 422, 374 A.2d 1076 (1977); see General Statutes 1-1 (a). “When a statute does not define a term, it is appropriate to look to the common understanding expressed in the law and in dictionaries.” Hinchliffe v. American Motors Corporation, supra; Caldor, Inc. v. Heffernan, 183 Conn. 566, 570-71, 440 A.2d 767 (1981); Doe v. Manson, 183 Conn. 183, 186, 438 A.2d 859 (1981).
The legislature chose to define the types of vehicles covered by “automobile liability insurance policies” as “private passenger automobiles.” Webster’s Third New International Dictionary defines “automobile” as a “4-wheeled automotive vehicle designed for passenger transportation on streets and roadways and commonly propelled by an internal combustion engine using volatile fuel . . .” (Emphasis added.) By contrast, “motorcycle” is defined as “a 2-wheeled tandem automotive vehicle having 1 or 2 riding saddles and sometimes having a 3d wheel for the support of a sidecar.” (Emphasis added.) Since the regulation passed pursuant to 38-175a excludes motorcycles from the term “private passenger automobile” and because the common understanding of “automobile” does not encompass “motorcycle,” we conclude that the statute’s mandate of minimum provisions to be included in automobile liability policies covering “private passenger automobiles” did not apply to motorcycles.
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Subsequent legislative action lends further support to our conclusion that the legislature did not intend to include motorcycle policies covering motorcycles within the ambit of “automobile liability insurance policies.” In 1985, the General Assembly enacted Public Acts 1985, No. 85-12,[11] which amended 38-175a as follows: “The insurance commissioner shall adopt regulations with respect to minimum provisions to be included in automobile liability insurance policies . . . covering private passenger motor vehicles, as defined in subsection (g) of 38-319, commercial motor vehicles, as defined in subdivision (9) of section 14-1, motorcycles, as defined in subdivision (29) of section 14-1. . . .” (Emphasis added.)
The insureds contend that No. 85-12 of the 1985 Public Acts only clarified the law as it then existed, and that the sole purpose behind the amendment was to
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allow the insurance commissioner to provide minimum liability limits for the vehicles enumerated in the amendment. We do not agree with this interpretation.
Representative Morag L. Vance, in remarking on Public Acts 1985, No. 8512, explained that “[t]his bill and its amendment is simply intended to give the insurance commissioner the ability to draft the amount of liability coverage that should be carried for the vehicles that are defined in the amendment . . . What this [bill] does is it gives [the insurance commissioner] the ability to also regulate these other areas.” (Emphasis added.) 28 H.R. Proc., Pt. 5, 1985 Sess., pp. 1575-76.
The apparent purpose of No. 85-12 of the 1985 Public Acts was, therefore, to extend to the insurance commissioner the ability to authorize regulations, including the mandatory inclusion of uninsured motorists coverages, for motorcycle policies, where no such authority existed before. By so amending the statute, the legislature further mandated that such policies include underinsured motorist coverage and that policies providing for binding arbitration also provide for the final determination of coverage issues in the arbitration proceedings.
Contrary to the insureds’ position, 38-175a was not amended to clarify the types of vehicles “automobile liability insurance policies” covered. It is generally recognized that a statutory amendment is presumed to effect a change in the existing law; Heffernan v. Slapin, supra, 49; Reitzer v. Board of Trustees of State Colleges, 2 Conn. App. 196, 202-203, 477 A.2d 129
(1984); 1A J. Sutherland, supra, 22.30; and that the legislature has not enacted futile or meaningless legislation. City Council v. Hall, 180 Conn. 243, 251, 429 A.2d 481 (1980). Section 38-175a was first enacted in 1967 and it provided that automobile liability policies covered private passenger automobiles. It was not until
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1985 that the legislature undertook to expand the types of vehicles covered by “automobile liability insurance policies.” There is nothing in the legislative history to demonstrate that the legislature intended this act to clarify the scope of 38-175a. Cf. State v. Blasko, 202 Conn. 541, 556-58, 522 A.2d 753 (1987); 1A J. Sutherland, supra, 22.31. It is apparent that the legislature intended not to clarify what type of vehicles had previously been covered by 38-175a but to expand the statute to mandate that policies covering motorcycles provide uninsured and underinsured motorist coverage.
For the above reasons, we conclude that, at the times relevant to these cases, 38-175a through 38-175e did not mandate that motorcycle policies provide uninsured and underinsured motorist coverage, nor did they mandate arbitration for coverage issues in motorcycle policies providing binding arbitration provisions.[12]
Accordingly, we conclude that: (1) in Beloff v. Progressive Casualty Ins. Co., the trial court erred in granting Beloff’s motions for summary judgment and to compel arbitration; (2) in Progressive Casualty Ins. Co. v. DiGangi, the Appellate Court erred in affirming the trial court’s decision granting DiGangi’s motion to dismiss; and (3) in Vogel v. Progressive Casualty Ins. Co., the trial court was correct in dismissing Vogel’s application to compel arbitration.
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In Beloff the judgment is set aside and the trial court is directed to render judgment for Progressive on Progressive’s motion for summary judgment; in DiGangi, the Appellate Court’s decision is reversed and that court is ordered to direct the trial court to render judgment on Progressive’s complaint in accordance with this opinion; and in Vogel, the trial court’s judgment is affirmed.
In this opinion the other justices concurred.
(7) is now 14-1 (9).