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Piersa v. Phoenix Insurance Co.5/10/2005
imant. Therefore, the defendant contends, because the expectations of an injured employee of a municipal or commercial employer that has a fleet policy are different from those of an individual insured and, therefore, do not contemplate stacking of coverage; see, e.g., Wilson v. Security Ins. Co., 213 Conn. 532, 569 A.2d 40, cert. denied, 498 U.S. 814, 111 S.Ct. 52, 112 L.Ed. 2d 28 (1990), cert. denied, 502 U.S. 1005, 112 S.Ct. 640, 116 L.Ed. 2d 658 (1991); Cohen v. Aetna Ins. Co., 213 Conn. 525, 569 A.2d 541 (1990); see also Frantz v. United States Fleet Leasing, Inc., 245 Conn. 727, 714 A.2d 1222 (1998) (requirement of General Statutes [Rev. to 1991] ยง 38a-336 of written election of reduced uninsured motorist coverage by all insureds does not apply in context of commercial fleet insurance); the same considerations should apply to relieve the defendant in the present case of any obligation to limit its coverage by a written document. We are not persuaded. First, none of those cases involved the regulation at issue in the present case. Second, however sensible those considerations may be in the context of those cases, we are not persuaded that they trump the considerations of the language of the regulation, and the underlying policies of functional equivalence of commercial and self-insurance that we previously have outlined in this opinion.
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to reverse the judgment of the trial court, and to remand the case to that court for further proceedings according to law.
In this opinion the other justices concurred.
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